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OVERSEERS OF THE 
POOR MANUAL 


A DIGESTED TREATISE AND 
COMPENDIUM OF THE LAW 


ON 


OVERSEERS OF THE POOR AND OTHER LAWS 
PERTAINING TO THE POOR 


CONTAINING 


FULL AND COMPLETE ANNOTATIONS, NECESSARY 
FORMS AND A REFERENCE TABLE OF 
LAWS AND STATUTES. 


BY 

GEORGE D. REED and ERWIN E. SHUTT 

OF THE BAB OF BOCHESTEB, MONBOE COUNTY, N. Y. 


1907 

PUBLISHERS, 

WILLIAMSON LAW BOOK COMPANY 

ROCHESTER, N. Y. 




LIBRARY of CONGRESS 
Two Cooies Received 

SEP 20 1907 

Copyright Entry 

Oap 2-0 / <?c j 

CLASp ^ XXc. N 6. 

/ 87 37/ 

__COPY A. 


Entered according to Act of Congress in the year 1907. by 
WILLIAMSON LAW BOOK COMPANY, 

In the Office of the Librarian of Congress at Washington. 



< 


t < 
< t. t 



CONTENTS 


A 


a 


Chapter One. section, page. 

Overseers of the Poor. 1-56 1 

Chapter Two. 

Superintendents of the Poor. 57- 80 34 

Chapter Three. 

State Poor . 81- 91 w 50 

Chapter Four. 

Settlement and Relief of Poor Persons. 92-113 66 

Chapter Five. 

Support of Bastards....114-180 84 

Chapter Six. 

Insane, Deaf, Dumb and Blind.181-219 111 

Chapter Seven. 

Soldiers, Sailors and Veterans.220-256 131 

Chapter Eight. 

Proceeding for Support of Poor Persons.257-275 161 

Chapter Nine. 

The State Charities Law. 171 

Chapter Ten. 

The Statutory Construction Law. 261 


111 



















PREFACE. 


The purpose of this work is to present in a clear, concise and 
logical form all the laws pertaining to the duties of Overseer of 
the Poor and other laws pertaining to the Poor. 

The laws and statutes as here presented are as they exist at 
this date, including all amendments made by the legislature dur¬ 
ing its last session (1906). It has been deemed advisable in 
practically all cases to give the law or statute verbatim as taken 
from the official records rather than for the authors to state it in 
their own words. The work will be found to have full annota¬ 
tions which appear under the sections to which they refer. 

It is impossible in a work, within the compass with which this 
must be, to give a digest of all the decisions which may be found 
bearing upon the subjects treated throughout its sections, and 
instead of making any attempt so to do there has been selected 
such cases as broadly discuss the general principles or bring out 
particularly the important points under consideration. 

This volume will be found to contain practically all forms that 
are in use, and these follow the sections to which they refer. 
This will be found more convenient than to have all forms ap¬ 
pear at the end of the book. 

Realizing the difficulty that always exists with one seeking 
to find the law, special effort has been made to provide a full 
and complete index and to so cross-reference every topic that the 
subject sought for may be easily and readily found. 

In treating the several subjects herein discussed it has been 
found necessary in some cases to either reprint or practically 
duplicate certain sections of some of the laws or to state their 
substance or set forth the part thereof applicable to the subject 
being treated. In such cases there will be found cross-references 
to the part of the work where the law may be found in full. To 
supplement these cross-references and cover any omission of cross- 
references that may exist, and to enable the reader to at any time 
readily find the particular law, statute or section that he may 
desire, there will be found on the first pages of this volume a 

v 


vi PREFACE. 

table of all the laws and statutes herein appearing, giving the 
section in this work where such law, statute or section may be 
found. It is believed that this feature will be of great con¬ 
venience. 

Throughout the preparation of this work very valuable assis¬ 
tance has been rendered by Mr. Charles Porter Downs, who for 
many years was an official of the Town of Brighton, hT. Y., and 
as such had a wide, practical experience in town and county 
affairs. His services and experience have been of inestimable 
value. 

Perfection is not attainable in a work of this character but 
there had been made, however, a conscientious endeavor to pre¬ 
sent a treatise as free from error as may be, and it is hoped that 
this work will be of service to many and will receive such appro¬ 
bation as it may justly merit. 

Reed & Shutt. 

March, 1907. 


REFERENCE TABLE OF STATUTES 


Section of Section in 

Statute. this Manual. 


CODE OF CIVIL PROCEDURE. 


2324 


190 


CODE OF CRIMINAL PROCEDURE. 


914 .. . 45 

915 . 46 

916 . 47 

917 . 48 

918 . 49 

919 . 50 

920 . 51 

921 . 52 

922 . 53 

923 . 54 

924 . 55 

925 . 56 

926 . 72 

873 .130 

885 .131 

658—662a .195 

Support of Poor.257-275 


Tit. 


CONSOLIDATED SCHOOL LAW. 

15, Art. 14, § 43a .213 


12 

210 

211 

38 


COUNTY LAW. 

. 59 

. 57 

. 58 

.235 


INSANITY LAW. 

62 . 

65 . 

64 . 

67 . 

97 . 

101 . 


181 

182 

185 

186 
188 
189 


MEMBERSHIP CORPORATIONS LAW. 


120 

121 

122 


229 

230 

231 


MILITARY CODE 

16 . 

152 . 

165 . 

177 . 

9 . 


237 

238 

239 

240 

241 


Section of 
Statute. 

131 

132 

133 

136 .... 

137 

138 .... 

139 

140 .... 

141 

142 .... 
144 .... 


Section in 
this Manual. 

.242 

.243 

.244 

.245 

.246 

.247 

.248 

.249 

.250 

.251 

.252 


25 

26 


MUNICIPAL LAW. 

.233 

.236 


PENAL CODE. 


117b . 73 

675a . 74 


3 

4 

5 

6 

7 

8 

9 

10 
11 
12 

13 

14 
20 
21 
21 
22 

23 

24 

25 

26 
27 

29 

30 

40 

41 

42 

43 

44 

45 

vii 


POOR LAW. 

. 9 

. 60 

. 61 

.A . 62 

. 63 

. 64 

. 65 

. 66 

. 67 

. 68 

:. 69 

. 70 

. 71 

. 10 

. 10 

. 11 

. 12 

. 13 

. 14 

. 15 

. 16 

. 17 

. 18 

. 19 

. 92 

. 93 

. 94 

. 95 

. 96 

. 97 




















































































s 

40 

47 

48 

49 

50 

51 

52 

53 

54 

55 

50 

57 

00 

01 

02 

63 

04 

05 

0G 

07 

08 

09 

70 

71 

72 

73 

74 

75 

80 

81 

82 

83 

90 

91 

92 

93 

94 

10] 

10 - 

101 

104 

Hi 

11 * 


REFERENCE TABLE OF STATUTES. 


Section in 
this Manual. 

. 98 

. 99 

.100 

.101 

.102 

.103 

.104 

.105 

.100 

.107 

.108 

. 44 

.114 

.115 

.110 

.117 

.118 

.119 

.120 

.121 

.122 

.123 

.124 

.125 

.120 

.127 

.128 

.129 

.220 

.221 

.222 

.224 

. ...... 81 

. 82 

. 83 

. 84 

. 85 

. 86 

. 87 

. 88 

. 89 

. 90 

.Ola 


Section of 
Statute. 

134 .... 

135 .... 
130 .... 

137 

138 .... 

139 

140 .... 

141 .... 

142 .... 

143 .... 


Section in 
this Manual. 

. 20 

. 21 

22 

. 23 

. 34 

. 35 

. 30 

. 37 

. 38 

. 39 


STATUTORY CONSTRUCTION I.AW. 

Pages 261—270. 


109 


9 . 

45 

46 

47 
68 
09 
70 
147 


STATE CHARITIES LAW. 

.91(1 

.91e 

.91m 

.91p 

.91q 

.91r 

.91s 

.9 It 

.9 lu 

.91w 


STATE CHARITIES LAW. 

Pages 171-200. 


4 


TAX LAW. 

.256 


TOWN LAW. 

16 . 

20 . 

02 . 

06 . 

64 . 

05 . 

84 . 

178 . 


1 

9 

3 

4 

5 

6 

7 

8 


Vlll 










































































SPECIAL STATUTES 


Section 


Laws. 

Chap. 




In Manual. 

1895 

770 . . 




9 

1829 

287 . . 




.24- 33 

1878 

304 . . 




.41- 43 

1895 

1026 .. 





1847 

460 . . 




.7(5- 80 

1881 

278 . . 




.91b~91e 

1880 

347 . 




.9lb-911 

1895 

754 . . 




. 91o 

1884 

438 . . 




.109-112 

1896 

481 . . 




. 183 

1890 

461 . . 




. 184 

1890 

40 . . 


m 


. 187 

1874 

446 . . 




. 196 

1865 

587 . . 




. 198 

1867 

744 . . 




.199-203 

1870 

166 . . 




.204-205 

1839 

200 . . 




.206 

1863 

325 . . 




.207-210 

1870 

180 . . 




.211-212 

1874 

253 . . 




. 214 

1876 

331 . . 




. 215 

1884 

275 . . 




.216-217 

1832 

223 . . 




. 218 

1894 

93 . . 




. 219 

1887 

706 .. 




•»3 

1898 

411 . . 




. 225 

1847 

133 . . 




. 226 

1902 

206 . . 




. 227-228 

1866 

273 . . 




232 

1869 

855 . . 





1890 

223 . . 





1895 

220 .. 






IX 



































CHAPTER ONE 


OVEESEEES OF THE POOR 


§1. Election. 

§2. Special meetings. 

§3. Undertaking. 

§4. Liability and form of undertak¬ 
ing. 

§5. Resignation. 

§6. Vacancies. 

§7. Delivery of books to successors. 
§8. Compensation. 

§9. Poor defined. 

§10. Relief in counties having alms¬ 
houses. 

§11. Expenses. 

§12. How supported. 

§13. Temporary relief. 

§14. In counties having no alms¬ 
houses. 

§15. Accounts and examination. 

§16. Books of accounts. 

§17. Annual report. 

§18. In cities. 

§19. Hospitals. 

§20. Town and county poor destinc- 
tion. 

§21. Pay money to County Treasurer. 
§22. Invested money. 

§23. Report by supervisor. 

§24. Town poor fund may be di¬ 
verted. 

§25. May go to school fund. 

§26. Money to go to supervisor. 

§27. Supervisor may sue therefor. 


§28. Permanent school fund. 

§29. Supervisors may loan money. 
§30. Foreclosure of such mortgages. 
§31. Interest. 

§32. Annual account of supervisors. 
§33. Account of overseer. 

§34. Register of sex and age. 

§35. Care of poor, etc. 

§36. Report, etc. 

§37. Children placed in families. 

§38. Report state board of charities. 
§39. Real property for support. 

§40. Public charge. 

§41. Guardians, etc. 

§42. Accounting. 

§43. Penalties how applied. 

§44. Pauper. 

§45. Who may be compelled to sup¬ 
port poor. 

§46. Order to be compelled to sup¬ 
port poor. 

§47. Court to hear case. 

§48. Support. 

§49. Order to prescribe time. 

§50. Costs. 

§51. Action on order. 

§52. How to proceed against parents. 
§53. Seizure of property. 

§54. Warrant. 

§55. In what cases. 

§56. Sale of property seized. 


§ l. Overseers of the poor. — The electors of each town may, 
at their biennial town meeting, determine by resolution whether 
they will elect one or two overseers of the poor and the number 
so determined upon shall be thereafter biennially elected for a 
term of two years. Whenever any town shall have determined 
upon having two overseers of the poor, the electors thereof may 
determine by a resolution at a biennial town meeting, to there¬ 
after have but one, and if they so determine thereafter no other 
overseer shall be elected or appointed, until the term of the 
overseer continuing in office at the time of adopting the resolution 
shall expire or become vacant, and the overseer in office may con- 
l 1 


OVERSEEKS OF THE POOR. 

Overseers of the poor. 


CH. I. 


§ 1 


tinue to act ■until his term shall expire or become vacant. The 
electors of any town may, at any biennial or regularly called 
special town meeting on the application of at least twenty-five 
resident taxpayers whose names appear upon the then last pre¬ 
ceding town assessment-roll, adopt by ballot a resolution that 
there shall he appointed in and for such town one overseer of the 
poor. If a majority of the ballots so cast shall he in favor of 
appointing an overseer of the poor, no overseer of the poor shall 
thereafter he elected in such town except as hereinafter pro¬ 
vided, and the overseers of the poor of such town elected at the 
town meeting at which such resolution is adopted or who shall 
then be in office shall continue to hold office for the terms for 
which they were respectively chosen; and within thirty days 
before the expiration of the term of office of such elected overseer 
whose term expires latest, the town board of such town shall meet 
and appoint one overseer of the poor for such town, who shall hold 
office for one year from the first day of May next after his ap¬ 
pointment; and annually in the month of April in each year 
thereafter an overseer of the poor shall be appointed by the town 
board of such town for the term of one year from the first day 
of May next following such month of April. Each overseer of 
the poor so appointed shall execute and file with the town clerk 
an official undertaking in such form and for such sum as the 
town board may by resolution require and approve. An overseer 
of the poor, so appointed, shall not hold any other town office 
during the term for which he is so appointed, and if he shall ac¬ 
cept an election or appointment to any other town office he shall 
immediately cease to he an overseer of the poor. If a vacancy 
shall occur in the office of an overseer of the poor, so appointed, 
such vacancy shall he filled by the town hoard, by appointment, 
for the balance of the unexpired term. The compensation of an 
overseer of the poor so appointed, shall he fixed by the town 
hoard of such town, but shall not exceed, in any one year, the 
sum of one thousand dollars, and shall he a town charge. At any 
subsequent town meeting after the expiration of three years from 
the adoption of a resolution by any town to appoint an overseer 
of the poor, the electors of the town may determine by ballot to 
thereafter elect one or more overseers of the poor, and if they 
determine so to elect, then at the next biennial town meeting there¬ 
after one or more overseers of the poor shall be elected in pur¬ 
suance of the laws regulating the election of overseers of the poor, 

2 


Ch. i. 


§§ 2, 3 


OVERSEERS OF THE POOR. 

Special town meetings, undertakings. 

and the term or terms of the overseer or overseers first so elected 
shall commence upon the expiration of the term of office of the 
overseer of the poor last theretofore appointed in pursuance of 
law, and shall expire as though each such term commenced at the 
time of election; and their successors shall thereafter be elected in 
pursuance of law. 

Town Law, § 16, as am’d by chap. 481, Laws of 1897. See § 369, ante. 

As to the election and appointment of overseers of the poor in towns within 
counties having over three hundred thousand inhabitants, other than the coun¬ 
ties of New York and Kings. 

See Laws 1895, chap. 816, § 6, as am’d by Laws 1900, chap. 507. 

§ 2. Special town meetings.— Special town meetings shall 
also be held whenever twenty-five taxpayers upon the last town 
assessment-roll shall, by written application addressed to the town 
clerk, require a special town meeting to be called, for the purpose 
of raising money for the support of the poor; also to vote upon 
the question of raising and appropriating money for the con¬ 
struction and maintenance of any bridges which the town may 
be authorized by law to erect or maintain; or for the purpose 
of determining in regard to the prosecution or defense of actions, 
or the raising of money therefor; and to vote upon any proposi¬ 
tion which might have been determined by the electors of the 
town at the last annual town meeting, but was not acted upon 
thereat. Special town meetings may also be held upon the like 
application of the supervisor, commissioners of highways, or over¬ 
seers of the poor, to determine questions pertaining to their re¬ 
spective duties as such officers, and which the electors of a town 
have a right to determine. 

Town Law, § 26. 

§ 3. Undertaking of overseer of the poor.— Every person 
elected or appointed overseer of the poor in any town shall, within 
ten days after being notified of his election or appointment, 
execute an undertaking with one or more sureties, to be ap¬ 
proved by the supervisor of his town, to the effect that he will 
faithfully discharge the duties of his office, and will pay accord¬ 
ing to law all moneys which shall come into his hands as such 
overseer, which undertaking shall be delivered to the supervisor 
and filed by him in the office of the town clerk within ten days 

thereafter. 

Town Law, § 62. 


3 


§§ 4, 5 


OVERSEERS OF THE POOR. 


Ch. i. 


Form of undertaking, resignation of officers. 
UNDERTAKING OF OVERSEER OF THE POOR. 

Whereas, . . . of the town of .. ..., in the county of.. was 

on the .... day of ., 19...., duly elected overseer of the poor of said 

town; now, therefore, we, the said ...., principal, and ...., of the town of 

., his surety, do hereby, pursuant to section 62 of the Town Law, 

jointly and severally undertake that the said .... will well and faithfully dis¬ 
charge the duties of his office, and will pay according to law all moneys which 
shall come into his hands as such overseer. 

Dated this.day of., 19.... 


State of New York, 


County of ., j * 

On this....day of.. in the year 19.., before me, the subscriber, 

personally came .... and .... , to me known to be the persons described in 


and who executed the within instrument, and severally acknowledged to me 
that they executed the said instrument. 

(Official description.) 

County of ., ss.: 

. . . ., being duly sworn, deposes and says: That he is the surety named in 
the foregoing instrument; that he is a resident of and a householder (or free¬ 
holder) within the county of.. and is worth the sum of.dollars 

over all debts and liabilities which he owes, or has incurred, and exclusive 
of property exempt from levy and sale under execution. 


Subscribed and sworn to before me "J 

this. . . .day of., 19.. k 

Notary Public. J 

[Or title of office.] 

I approve of the within undertaking as to the form and sufficiency thereof. 


Supervisor. 


§ 4. Form of undertaking, and liability thereon. — Every un¬ 
dertaking of a town officer, as provided by this chapter or other¬ 
wise, must be executed by such officer and his sureties and ac¬ 
knowledged or proven and certified in like manner as deeds to 
be recorded, and the approval indorsed thereon. The parties 
executing such undertaking shall be jointly and severally liable, 
regardless of its form in that respect, for the damages to any per¬ 
son or party by reason of a breach of its terms. 

Town Law, § 66. 

§ 5. Resignation of town officers.— Any three justices of the 
peace of a town may, for sufficient cause shown to them, accept 
the resignation of any town officer of their town; and whenever 
they shall accept any such resignation, they shall forthwith give 

notice thereof to the town clerk of the town. 

Town Law, § 64. 


4 



















Ch. i. 


OVEESEEES OF THE POOE. 


§§ 6, 7 


Vacancies, delivery of books, etc. 

NOTICE OF ACCEPTANCE OF RESIGNATION. 


} 


County of. 

Town of 

To . . .Town Clerk of said Town: 

You are hereby notified, pursuant to section 64 of the Town Law, that we, 
the undersigned, justices of the peace of said town have, for good cause shown, 
accepted the resignation of .... as [name the office] of said town. 

Dated this.day of., 19.. 


Justices of the Peace. 

§ 6. Pilling of vacancies. — When a vacancy shall occur or ex¬ 
ist in any town office, the town board or a majority of them may, 
by an instrument under their hands and seals, appoint a suitable 
person to fill the vacancy, and the person appointed, except jus¬ 
tices of the peace, shall hold the office until the next biennial 
town meeting. A person so appointed to the office of justice of 
the peace shall hold the office until the next biennial town meeting, 
unless the appointment shall be made to fill the vacancy of an 
officer whose term will expire on the thirty-first day of December 
next thereafter, in which case the term of office of the person so 
appointed shall expire on the thirty-first day of December next 
succeeding his appointment. The board making the appointment 
shall cause the same to be forthwith filed in the office of the town 
clerk, who shall forthwith give notice to the person appointed. 
A copy of the appointment of a justice of the peace shall also be 
filed in the office of the county clerk, before the person appointed 

shall be authorized to act. 

Town Law, § 65. 


APPOINTMENT TO FILL VACANCY. 

County of., ") 

Town of j ss ' ’ 

Whereas, a vacancy has occurred in the office of.of said town by 

the resignation [or otherwise] of .; now, therefore, we, the undersigned, 

town board of said town, do hereby, pursuant to section 65 of the Towm Law, 
appoint .... to fill the vacancy in the office of ., caused by the resig¬ 

nation [or otherwise] of the said ...., to serve until the next annual town 
meeting. 

Witness our hands and seals this....day of., 19.. 

(Town board sign and seal here.) 


§ 7. Delivery of books and papers by outgoing officer to suc¬ 
cessor.— Whenever the term of office of any supervisor, town clerk, 

5 













§i? 8, 9 


OVERSEERS OF THE POOR. 

Compensation; poor defined. 


Ch. i. 


commissioner of highways or overseer of the poor shall expire, 
or when either of such officers shall resign, and another person 
shall be elected or apointed to the office, the succeeding officer 
shall, immediately after he shall have entered on the duties of 
office, demand of his predecessor all the records, books and papers 
under his control belonging to such office. Every person so going 
out of office, whenever so required, shall deliver upon oath to 
his successor all the records, books and papers in his possession 
or under his control belonging to the office held by him, which 
oath may be administered by the officer to whom such delivery 
shall be made, and shall, at the same time, pay over to his suc¬ 
cessor the moneys belonging to the town remaining in his hands. 
If any such officers shall have died, the successors or successor 
of such officer shall make such demand of the executors or ad¬ 
ministrators of such deceased officer, and such executors or ad¬ 
ministrators shall deliver, upon the like oath, all records, books 
and papers in their possession, or under their control, belonging 
to the office held by their testator or intestate. If any person so 
going out of office, or his executors or administrators, shall re¬ 
fuse or neglect, when lawfully required, to deliver such records, 
books or papers, he shall forfeit to the town, for every such re¬ 
fusal or neglect, the sum of two hundred and fifty dollars; and 
officers entitled to demand such records, books and papers may 
compel the delivery thereof in the manner prescribed by law. 

Town Law, § 84. 

§ 8. Compensation of town officers.— The following town offi¬ 
cers shall be entitled to compensation at the following rates for 
each day actually and necessarily devoted by them to the service 
of the town, in the duties of their respective offices, when no fee 
is allowed by law for the service: The supervisor, except when 
attending the board of supervisors, town clerks, assessors, com¬ 
missioners of highways, justices of the peace, overseers of the 
poor, inspectors of election, and clerks of the polls, two dollars 
per day, each of them. 

Town Law, § 178. 

§ 9. Poor defined.— A poor person is one unable to maintain 
himself, and such person shall be maintained by the town, city, 
county or State, according to the provisions of this chapter. In 
counties having but one superintendent of the poor, the term 

6 


Ch. i. 


OVERSEERS OF THE POOR. 

Pasteur institute. 


“ superintendent ” or “ superintendents of the poor,” when used 
in this chapter, means such superintendent; and in towns or cities 
having but one overseer of the poor, the term “ overseers ” or 
“ overseers of the poor,” when used in this chapter, means a town 
or city overseer of the poor. An “ almshouse ” is a place where 
the poor are maintained at the public expense. 

The town poor are such persons as are required by law Jo be re¬ 
lieved or supported at the expense of the town or city; the county 
poor are such persons as are required by law to be relieved or sup¬ 
ported at the expense of the county; and the State poor are such 
persons as are required by law to be relieved or supported at the 
expense of the State. 

Poor Law, § 2; 2 R. S. 2294. 

In the absence of express statutory provisions there is no obliga¬ 
tion or duty imposed upon towns to contribute to the support of 
persons residing within their limits. 

People v. Supervisors, 121 N. Y. 345. 

A husband who has voluntarily permitted his insane wife to ab¬ 
sent herself from his house and to become a public charge is liable 
in an action at the suit of the proper town or county officers for 
her support and is estopped from denying, in such action, that she 
is a pauper. 

Such an action cannot be defended upon the ground that the 
wife abandoned her husband, as an insane wife is incapable of so 
doing and it is the duty of the husband to protect and support her. 

Goodall v. Lawrence, 88 N. Y. 513. 

The following are authorities defining poor persons, indigent persons, pau¬ 
pers, etc.: 

City of Charleston v. Groveland, 15 Gray, 15; Hutchings v. Thompson, 10 
Cushing, 239, 22 Am. & Enc. of Law, 2nd ed. 947 and cases; 
Matter of McCutcheon, 25 Misc. 650. 

As to the statute relating to the support of poor relations, see 

Code Criminal Procedure, § 914. 

An almshouse is defined as a place where the poor are maintained at the 
public expense. 

People ex rel. French v. Like, 159 N. Y. 149. 


1. Patients sent to Pasteur institute. — Overseers of the poor 
or other officers having charge of the dispensation of public char¬ 
ity in the several counties of this State shall hereafter send to 
the Pasteur institute in the city of New York all persons duly 

7 


OVERSEEKS OF THE POOR. 

Relief in certain counties. 


Ch. I. 


§ 10 


certified by regular physicians to have been bitten by rabid ani¬ 
mals, or otherwise put in danger of infection with rabies. 

2. Transportation, cost of.— The transportation of such per¬ 
sons, with necessary attendant or attendants, to and from the 
city of New York, shall be a charge upon the counties in which 
they reside. The sustenance, nursing and preventive treatment 
of such, persons, for the time adjudged necessary, shall be pro¬ 
vided by the Pasteur institute of the city of New York. 

3. Appropriation.— The sum of six thousand dollars is here¬ 
by appropriated to be paid to the Pasteur institute of the city 
of New York as a full equivalent for the services named in this 
bill and conditions imposed thereby. 

4. Institute open to inspection.— The Pasteur institute of 
the city of New York shall be at all times open to the inspection 
of the governor and of the State board of health or of the ac¬ 
credited representative of either, and shall annually, on or before 
the fifteenth of January of each year make its report to the legis¬ 
lature. 

5. All acts and parts of acts inconsistent with this act are 
hereby repealed. 

6. This act shall take effect immediately. 

Laws 1895, chap. 770. 

§ 10. Relief in counties having almshouses.— When any per¬ 
son shall apply for relief to an overseer of the poor, in a county 
having an almshouse, such overseer shall inquire into the state 
and circumstances of the applicant; and if it shall appear that he 
is a poor person, and requires permanent relief and support, and 
can be safely removed, the overseer shall, by written order, cause 
such poor person to be removed to the county almshouse, or to be 
relieved and provided for, as the necessities of the applicant may 
require. If the county be one where the respective towns are 
required to support their own poor, the overseer shall designate 
in such order of removal, whether such person be chargeable to 
the county or not; and if no such designation be made, such person 
shall be deemed to belong to the town whose overseer made such 
order. 

Poor Law, § 20. See form of order below. 


8 


Oh. i. 


OVERSEERS OF THE POOR 

Relief in certain counties. 


§ 10 


Order of the Overseers of a Town to Remove a Poor Person to the 

County Poor House. 

County of .. ss.: 

., having applied for relief to the overseers of the poor of the town 

of ., who having inquired into the state and circumstances of 


the applicant, and it appearing that he (or she) is in such circumstances as 
to require permanent relief and support, and can be safely removed, the 

undersigned overseers hereby order the said . to be removed to the 

county almshouse, to be relieved and provided for, as the necessities of such 
applicant may require, at the expense of the said county (or town, if in a 
county where the towns are required to support their own poor). 

Given under our hands, at ., this .... day of ., 19.. 


Overseers of the Poor. 

Where the overseer of the poor upon inquiry into the state and circum¬ 
stances of a minor has never adjudged that he was in such indigent circum¬ 
stances as to require permanent relief and support, nor by his written or any 
other order or in any other manner caused him to be removed to the county 
poorhouse to be relieved and provided for as his necessities might require, 
he cannot be said to have been sent to the county poorhouse so as to au¬ 
thorize the superintendent to bind him out. 

People ex rel. Bentley v. Hanna, 3 How. 39. 

In the absence of statutory provision there is no obligation or duty imposed 
upon towns to contribute to the support of persons residing within their 
limits. 

People ex rel. Blenheim v. Supervisors, 121 N. Y. 345. 

Where permanent relief is asked for the overseer should remove the poor 
person to the county poorhouse when the poor person is to be supported at 
the expense of the town sending him. 

Nuns of St. Dominick v. L. I. City, 48 Hun, 306. 

The overseer may furnish support to a person needing permanent relief 
until he is removed to the poorhouse. 

Robinson v. Wolcott, 66 Barb. 63. 

The statutes do not permit or authorize any discrimination between county 
and town poor. The legislature intended the income should be applied to 
the support of the poor of the county generally at the poorhouse without 
distinction. 

City of Rochester v. Supervisors, 22 Barb. 248. 

Title 8, part 6, of the Code of Criminal Procedure, provides a particular 
scheme for the support and maintenance of a particular class of persons 
unable to maintain themselves or persons who have relatives within pre¬ 
scribed degrees who are of sufficient ability to relieve and maintain them. 

Matter of Weaver v. Benjamin, 45 S. R. 95. 

Where the applicant requires only temporary relief a sum of money not 
exceeding $10 after notice to the supervisor of the town and upon his order 
may be expended for such temporary relief. 

Smith v. Williams, 13 Misc. 761. 

If the expenditure of a greater sum than $10 is required the written sanc¬ 
tion of one of the county superintendents of the poor must be obtained 
therefor. 

Id. 

Poor Law, § 21. 


9 










§§ 11-13 


OVERSEERS OF THE POOR. 


Ch. i. 


Removal and relief. 

§ 11. Expense of removal, and temporary relief.— Unless such 
poor person is properly chargeable to the town, the overseer, in 
addition to the expense of such removal, shall be allowed such 
sum as may have been necessarily paid out, or contracted to be 
paid, for the relief or support of such poor person, previous to 
such removal and as the superintendent shall judge was reason¬ 
ably expended while it was improper or inconvenient to remove 
such poor person, which sum shall be paid by the county treasurer, 

on the order of the superintendent. 

Poor Law. § 21; see form below. 


Superintendents’ Order to Pay Expenses Incurred by Overseers Previous 
to the Removal of a Poor Person. 

To the Treasurer of the county of .: 

Pay to . and ., overseers of the poor of the town of 

., in said county,.dollars, a sum which was necessarily 

paid out, or contracted to be paid, for the relief or support of ., a 

pauper, previous to his removal to the county poorhouse, and which sum the 
undersigned, superintendents of the poor of said county, judged was reasona¬ 
bly expended by the said overseers, before the said pauper could properly be 
removed, and charge the same to the county (or, if a town pauper, to the 
town of ., in said county). 

Given under our hands, at ., this.day of., 10.. 


Superintendents of the Poor. 

§ 12. How supported and when discharged.— The person so re¬ 
moved shall be received by the superintendents, or their agents, 
and be supported and relieved in a county almshouse until it 
shall appear to them that such person is able to maintain himself, 
or, if a minor, until he is bound out or otherwise cared for, as here¬ 
after provided, when they may, in their discretion, discharge him. 

Poor Law, § 22. 

§ 13. Temporary relief.— If it shall appear that the person so 
applying requires only temporary relief, or is sick, lame or other¬ 
wise disabled so that he cannot be conveniently removed to the 
county almshouse, or that he is a person who should be relieved 
and cared for at his home under article five of this chapter, the 
overseers shall apply to the supervisor of the town, who shall ex¬ 
amine into the facts and circumstances, and shall, in writing, or¬ 
der such sum to be expended for the temporary relief of such poor 
person, as the circumstances of the case shall require, which order 
shall entitle the overseer to receive any sum he may have paid out 

10 














Cii. i. 


OVERSEERS OF THE POOR. 


§ 13 


Removal and relief. 

or contracted to pay, within the amount therein specified, from 
the county treasurer, to be by him charged to the county, if such 
person be a county charge, if not, to be charged to the town where 
such relief was afforded; but no greater sum than ten dollars shall 
he expended or paid for the relief of any one poor person, or one 
family, without the sanction, in writing, of one of the superin¬ 
tendents of the poor of the county, which shall be presented to the 
county treasurer, with the order of the supervisor, except when the 
board of supervisors has made rules and regulations as prescribed 

in section thirteen of this chapter. 

Poor Law, § 23. See forms below. 


Supervisor's Order for a Person who Requires Temporary Relief. 


The overseers of the poor of the town of ., having applied to 

the undersigned, a supervisor of said town, relative to., a person ap¬ 


plying to them for relief, and having examined into the facts and circum¬ 
stances, and it appearing that the said ., so applying, requires only 

temporary relief (or, is sick, lame, or otherwise disabled, so that he or she 
can not be conveniently removed to the county almshouse), the undersigned 

hereby orders the said overseers to apply . dollars per week for the 

relief of the said ., until they have expended the sum of ten dollars, 

or such sum less than that amount as may be found sufficient for the tem¬ 
porary relief of the said poor person, . 

Given in said town, the . day of ., 19.. 


Supervisor. 

Sanction of County Superintendent for the Expenditure of a Greater 

Sum than Ten Dot.lars. 

County of . ss. : 

The undersigned, one of the superintendents of the poor of the county of 

.. having been applied to by the overseers of the poor of the 

town of.. in said county, to give his sanction for the expenditure 

of a greater sum than ten dollars for the relief of., as authorized by 

the supervisor’s order hereunto annexed, and having inquired into the facts 
of the case, and being satisfied that the said .. cannot be properly re¬ 

moved to the county almshouse, and that he is in need of further relief, 
hereby gives his sanction to the continuance of the weekly allowance specified 

in said order, until the expenditure amounts to . dollars over and 

above the sum of ten dollars authorized by the supervisor’s order in this 
case and to be charged to the county (or town), as specified in said order. 
Given under my hand at., this.day of ., 19.. 


Superintendent of the Poor. 

The statute provides a guard against extravagant or improper expenditure 
hy providing that relief shall be furnished only upon an order of a justice 
of the peace. 

Osterhoudt v. Eigney, 98 N. Y. 222. 

if temporary relief only is sought $10 a year can be expended. 

Nuns of St. Dominick v. L. I. City, 48 Hun, 306. 

11 





















§§ 1-i, 15 


OVERSEERS OF THE POOR. 


Ch. i. 


Relief in certain counties; examinations, etc. 

§ 14. Relief in counties having no almshouses. — If application 
for relief be made in any county where there is no county alms¬ 
house, the overseer of the poor of the town where such appli¬ 
cation is made shall inquire into the facts and circumstances of 
the case, and with the written approval of the supervisor of such 
town, make an order in writing for such allowance, weekly or 
otherwise, as they shall think required by the necessities of such 
poor person. If such poor person has a legal settlement in such 
town, or in any other town in the’same county, the overseer shall 
apply the moneys so allowed to the relief and support of such 
poor person. The money so paid by him, or contracted to be paid, 
when the poor person had no legal settlement in the town, and 
charged to the town in which he had a legal settlement, shall be 
drawn by such overseer from the county treasurer on producing 
such order. If such person has no legal settlement in such county, 
the overseer shall, within ten days after granting to him any re¬ 
lief, give notice thereof, and that such person has no legal settle¬ 
ment in such county, to one of the county superintendents, and 
until the county superintendents shall take charge of the support 
of such poor person, the overseer shall provide for his relief and 
support, and the expense thereof from the time of giving such 
notice shall be paid to such overseer by the county treasurer, on 
the production of such order and of proof by affidavit of the time 
of the giving of such notice, and shall be by him charged to the 
conuty. 

Poor Law, § 24. 

In counties where there is no poor house an overseer is authorized to make 
an order for the allowance of such sum weekly or otherwise as the necessities 
of the poor person may require. The overseer has absolute control of the 
funds placed in his hands from the respective towns and is liable only for 
moneys not lawfully appropriated. 

Robins v. Wolcott, 66 Barb. 63. 

§ 15. Overseer to make monthly examinations and audit ac¬ 
counts. — The overseer of the poor of a town or city shall at least 
once each month, examine into the condition and necessities of 
each person supported by the town or city out of the county alms¬ 
house and provide within the provisions of this chapter for such 
allowances, weekly or otherwise, as the circumstances may in 
his judgment require. All accounts for care, support, supplies or 
attendance, connected with the maintenance of such poor person 
or family, shall be settled once in three months, and paid if there 

12 


Ch. i. 


OVERSEERS OF THE POOR. § 1G 

Keep books of account. 

be funds for that purpose. No bill, claim or account ior care, 
support, supplies or attendance, furnished to poor persons, by or¬ 
der of the overseer of the poor, or otherwise, shall be audited or 
allowed by the overseer, unless such bill, claim, or account be 
verified by the claimant, to the effect that such care, support, sup¬ 
plies or attendance have been actually furnished for such poor 
persons, that such poor persons have actually received the same, 
and that the prices charged therefor are reasonable, and not above 
the usual market rates. 

Poor Law, § 25; see form below. 

Order for Supplies to Poor Persons and Verification of Accounts for 

Audit. 

'Brighton, N. Y., ., 190.. 

To .; 

Please furnish to.. the articles named in the following 

schedule, in the quantities and to the amount therein specified, not exceeding 

a total of.dollars, and charge the same to the account of the 

town of Brighton, N. Y. 

Overseer of the Poor. 

§ 16. Overseers to keep books of accounts. — Overseers of the 
poor, who receive and expend money for the relief and support 
of the poor in their respective towns and cities, shall keep books to 
be procured at town or city expense, in which they shall enter the 
name, age, sex and native country of every poor person who shall 
be relieved or supported by them, together with a statement of 
the causes, either direct or indirect, which shall have operated to 
render such relief necessary, so far as the same can be ascertained. 
They shall also enter upon such books a statement of the name 
and age, and of the names and residences of the parents of every 
child who is placed by them in a family, with the name and ad¬ 
dress of the family with whom every such child is placed, and the 
occupation of the head of the family. They shall also enter upon 
books so procured, a statement of all moneys received by them, 
when and from whom, and on what account received, and of all 
moneys paid out by them, when and to whom paid and on what 
authority, and whether to town, city or county poor; also a state¬ 
ment of all debts contracted by them as such overseers, the names 
of the persons with whom such debts were contracted, the amount 
and consideration of each item, the names of the persons for whose 
benefit the debts were contracted, and if the same have been paid, 
the time and manner of such payment. The overseers shall lay 

13 






OVERSEERS OF THE POOR. 

Keep books of account. 


Ch. i. 


§ 1C 


such books before the board of town auditors or the common coun¬ 
cil of the city, at its first annual meeting in each year and, upon 
being given ten days’ notice thereof, at any adjourned or special 
meeting of such board or council, together with a just, true and 
verified itemized account, of all moneys received and expended by 
them for the use of the poor since the last preceding annual meet¬ 
ing of said board, and a verified statement of debts contracted by 
them as such overseer and remaining unpaid. The board or coun¬ 
cil shall compare said account with the entries in the book, and 
shall examine the vouchers in support thereof, and may examine 
the overseers of the poor, under oath, with reference to such ac¬ 
count. They shall thereupon audit and settle the same, and state 
the balance due to or from the overseer, as the case may be. Such 
account shall be filed with the town or city clerk, and at every an¬ 
nual town meeting, the town clerk shall produce such town ac¬ 
count for the next preceding year, and read the same, if it be re¬ 
quired by the meeting. The overseers of the town shall have such 
books present each year at the annual town meeting, subject to the 
inspection of the voters of the town, and the entries thereon for 
the preceding year shall there be read publicly at the time reports 
of other town officers are presented, if required by a resolution of 
such meeting. No credit shall be allowed to any overseers for 
moneys paid, unless it shall appear that such payments were made 
necessarily or pursuant to a legal order. 

Poor Law, § 26, as am’d by chap. 222, Laws of 1897; see form below. 


Accounts of Overseers of the Poor to be Rendered to Town Boards or 

Common Council. 

To the Town Board of the town of .: 

Account of., overseer of the town of Brighton, for amounts 

received and expended for the support and relief of the poor during the year 
ending., 190.. 


Receipts. 

June 10. From county treasurer. 

Sept. 15. From ., for sale of property of 

who had absconded. 


$15 00 
15 50 


Expenditures. 


June 15. To Richard Roe, for groceries. $15 00 

Sept. 16. To county treasurer, pursuant to Poor Law, § 135. 16 50 


14 













Cii. i. 


OVEESEERS OF THE POOE. 

Annual report. 


ir 


Monroe County, ss.: 

., overseer of the poor of the town of Brighton, being 

duly sworn, deposes and says that the foregoing account is just and true; 
that the amount stated therein to have been received for the support and 
relief of the poor is all that has been received by him during the year 
ending., 190. ., and that the amounts stated to have been ex¬ 

pended were actually and necessarily expended by him for the purposes speci¬ 
fied, during such time. 


Subscribed and sworn to before me, 
this.day of., 190. . 


Overseer of the Poor. 


Notary Public. 


The statute regulating the manner of auditing accounts of overseers of the 
poor prescribes that no credit shall be allowed unless such payment was made 
pursuant to legal order of a justice of the peace. The board ought to pursue 
the method pointed out by the statute, but a departure from a directory 
provision does not render the audit void. 

Osterhoudt v. Rigney, 98 N. Y. 222. 

The books must be laid before the board of town auditors with all accounts 
of the moneys received and paid out. The boards should compare such ac¬ 
counts with the entries in the books, examine the vouchers, etc., and audit 
and settle the same, and strike the balance due from or to such overseers as 
case may be, and no credit should be allowed unless the moneys were paid 
pursuant to a legal order. 

Robbins v. Wolcott, 66 Barb. 63. 


§ 17. Annual report of overseers.— Such overseers shall make 
to the town board, at its second annual meeting in each year, a 
written report, stating their account as provided in the last section, 
continued to that date, and any deficiency that may then exist in 
the town poor fund, with their estimate of the sum which they 
shall deem necessary for the temporary and outdoor relief and 
support of the poor in their town for the ensuing year, and in 
counties where there is no county almshouse, their estimate of 
such sum as they shall deem necessary to be raised and collected 
therein for the support of the poor for the ensuing year. If such 
board shall approve the statement and estimate so made or any 
part thereof, they shall so certify in duplicate, one of which cer¬ 
tificates shall be filed in the office of the town clerk, and the 
other shall be laid by the supervisor of the town, before the board 
of supervisors of the county, on the first day of its next annual 
meeting. The board of supervisors shall cause the amount of 
such deficiency and estimates, as so certified, together with the 
sums voted by such town for the relief of the poor therein to be 
levied and collected in such town, in the same manner as other 
town charges, to be paid to the overseers of the poor of such town, 

15 








§ 18 OVERSEERS OF THE POOR. Oh. i. 

In cities. 

and the warrants attached to the tax-rolls in such county shall di¬ 
rect. accordingly. The moneys so raised shall be received by such 
overseers, and applied toward the payment of such deficiency, and 
for the maintenance and support of the poor, for whose relief 
such estimates were made. The town board shall also, on or be¬ 
fore the first day of December, annually certify to the county su¬ 
perintendents, the name, age, sex and native country, of every poor 
person relieved and supported by such overseers during the preced¬ 
ing year, with the causes which shall have operated to render 
them such poor persons, the amount expended for the use of each 
person, as allowed by the board, and the amount allowed to each 
overseer for services rendered in relation to temporary or town 
relief. 

The town board shall include in such annual statement to the 
county superintendents and the county superintendents shall in¬ 
clude in their own report to the State board of charities a state¬ 
ment of the name and age, and of the names and residence of the 
parents of every child who has been placed by such overseers in 
a family during the preceding year, with the name and address 
of the family with whom each child is placed, and the occupation 
of the head of the family. 

Poor Law, § 27. 

The method of supporting the poor has been for the overseers to procure 
supplies upon their own credit and to present their account annually to the 
board of audit for allowance, and the amount audited was put into the 
schedule of accounts and levied by the supervisors with other town charges, 
the collection to be paid to the overseers. 

Osterhoudt v. Rigney, 98 N. Y. 222. 

The overseer is not bound to furnish supplies on his own credit. The 
funds should be provided for in advance. 

Id. 

The overseer should present to the town meeting his estimate, and the town 
meeting should determine the amount to be assessed. 

Id. 

§ 18. Overseers of the poor in cities.— This chapter shall apply 
to overseers of the poor in cities, except where otherwise specially 
provided by law. In the absence of such special provision, over¬ 
seers of the poor in each city shall make their report to the audit¬ 
ing board of such city, by whatever name known, at the begin¬ 
ning of the fiscal years of such city, if such time be fixed, other¬ 
wise on the first day of January in each year; the common coun¬ 
cils of such cities as shall be liable for the support of their 

16 


own 


Ch. i. OVERSEEBS OF THE POOR. §§ 19, 20 

Hospital accommodations, etc. 

poor shall yearly determine the sum of money to be appropriated 
for the ensuing year, and a certified copy of such determination 
shall be laid before the board of supervisors of the county, who 
shall cause the same to be assessed ? levied, collected and paid to the 
county treasurer. 

Poor Law, § 29; 2 R. S. 2301. 

§ 19. Hospital accommodations for indigent persons. — In all 

counties of this state in which there are not adequate hospital 
accommodations for indigent persons requiring medical or surgical 
care and treatment, or in which no appropriations of money are 
made for this specific purpose, it shall be the duty of county su¬ 
perintendents of the poor, upon the certificate of a physician ap¬ 
proved by the hoard of supervisors, or of the overseers of the poor 
in the several towns of such counties, upon the certificate of a 
physician approved by the supervisor of the town, as their juris¬ 
diction over the several cases may require, to send all such in¬ 
digent persons requiring medical or surgical care and treatment 
to the nearest hospital, the incorporation and management of 
which have been approved by the state board of charities, pro¬ 
vided transportation to such hospital can be safely accomplished. 
The charge for the care and treatment of such indigent persons 
in such hospitals, as herein provided, shall not exceed one dollar 
per day for each person, which shall be paid by the several coun¬ 
ties or towns from which such persons are sent, and provision for 
which shall be made in the annual budgets of such counties and 
towns. 

Poor Law, § 30. 

§ 20. Boards of supervisors may abolish or revive distinction 
between town*and county poor. — The board of supervisors of any 
county may, at an annual meeting or at a special meeting called 
for that purpose, by resolution, abolish or revive the distinction 
between town and county poor of such county, by a vote of two- 
thirds of all the members elected to such board, and until such 
abolition or revival, such county, or the towns therein, shall con¬ 
tinue to maintain and support their poor as at the time when this 
chapter shall take effect. The clerk of the board shall, within 
thirty days after such determination, serve, or cause to be served, 
a copy of the resolution upon the clerk of each town, village or city 
within such co mty and upon each of the superintendents and 
2 ' 17 


OVERSEERS OF THE POOR. 


Ch. i. 


§ 21 


When to pay money to county treasurer. 

overseers of the poor therein. Upon filing such determination 
to abolish the distinction between town and county poor, duly 
certified by the clerk of the board, in the office of the county clerk, 
the poor of the county shall thereafter be maintained, and the 
expense thereof defrayed, by the county; and all costs and charges 
attending the examinations, conveyance, support and necessary 
expenses of poor persons therein, shall be a charge upon the 
county. Such charges and expenses shall be reported by the sup¬ 
erintendent of the poor, to the board of supervisors, and shall be 
assessed, levied and collected the same as other county charges. 

Poor Law, § 134. 

In order to render the expense of maintaining all the poor of a county a 
county charge, the board of supervisors must not only determine to abolish 
the distinction between county and town poor, but must file such determina¬ 
tion with the county clerk. 

Until such determination be filed, the duties of the officers arising out of 
such change in the poor system do not attach. 

Such filing cannot be proved by parol unless it be first shown that primary 
evidence cannot be obtained. The service of the resolution of the board of 
supervisors on the town clerks is not essential to effect a change of system, 
such provision being only directory. 

Thompson v. Smith, 2 Denio, 177. 

By the general law state boards of supervisors have power at will to abolish 
or revive distinctions existing in their counties between town and county 
poor; they also had the power to abolish such distinction and make the sup¬ 
port of all the poor of the county a county charge. 

Peope ex rel. Sup. v. Supervisors, 103 N. Y. 541. 

§ 21. Overseers, when to pay money to county treasurer.— 

Within three months after notice shall have been served upon 
the overseers of the poor, that the distinction between town and 
county poor has been abolished, they shall pay over all moneys 
which shall remain in their hands as overseers for the use of 
their town, after discharging all demands against them, to the 
county treasurer, to be applied by him toward the future taxes 
of such town; and all moneys thereafter received by them, as 
such overseers, for the use of the poor of their town, shall be 
paid by them to the county treasurer within three months after 
receiving the same, and by him credited to the town whose 
overseer shall have paid the same. It shall be the duty of all 
officers or persons to pay to the county treasurer all moneys which 
shall be received for, or owing by them to the overseers of the 
poor of any such town, for the use of the poor thereof, pursuant 
to any law or obligation requiring the same to be paid to such 
overseer, and credited by such county treasurer to the town for 

18 


Cii. i. 


OVERSEERS OF THE POOR. 

Town money; report by supervisors. 


§§ 22, 23 


whose use such moneys were received or owing. Any overseer 
or other person having received or owing such moneys, who shall 
neglect or refuse to pay the same within thirty days after de¬ 
mand thereof, shall be liable to an action therefor, with interest 
at the rate of ten per cent, thereon, by such county treasurer, in 
the name of his county. 

Poor Law, § 135. 

§ 22. Invested town money.— When any town shall have any 
moneys raised for the support of the poor, invested in the name 
of the overseers of the poor of such town, such overseers shall 
continue to have the control thereof, and shall apply the interest 
arising therefrom to the support of the poor of their town, so 
long as such town shall be liable to support its own poor, but 
when relieved from such liability by a vote of the supervisors 
of the county, the money so raised and invested shall be applied 
to the payment of such taxes upon the town, as the inhabitants 
thereof shall at an annual town meeting, or a special town meet¬ 
ing called for that purpose, determine. 

Poor Law, § 136. 


§ 23. Report by supervisors.— The supervisor of every town 
in counties wTiere all the poor are not a county charge, shall report 
to the clerk of the board of supervisors, within fifteen days after 
the accounts of the overseers of the poor have been settled by the 
town board at its first annual meeting in each year, an abstract of 
all such accounts, which shall exhibit the number of poor persons 
that have been relieved or supported in such town the preceding 
year, specifying the number of county poor, and town poor, the 
whole expense of such support, the allowance made to overseers, 
justices, constables or other officers, which shall not comprise any 
part of the actual expenses of maintaining the poor. 

Poor Law, § 137; see form below. 


Form of report: 

To the Clerk of the Board of Supervisors: 

The undersigned, supervisors of the town of., in the county 

of .. respectfully reports as follows: 

The number of poor supported .relieved in the town of. 

during the year ending the .... day of ., 190.., as appears 

from the accounts of the overseers of the poor was. 

Of these, the number of county poor was. 

“ “ town “ . 

The whole expense of such support was....$ 

19 











§§ 24 . 26 


OVERSEERS OF THE POOR. 


Ch. l 


Poor fund may go to schools, etc. 


Of this sum there was paid for transportation of the poor. 

Allowance made to overseers for their services. 

“ “ justices. 

“ “ keepers and officers. 

“ “ physicians for services and medicines. 

“ “ overseers for support of county poor. 

“ “ for town poor. 

The actual value of the labor of the poor maintained was. 

Estimated amount saved in the expense of their support, in conse¬ 
quence of their labor, was. 

[Insert any other charges there may be.] 

Of the whole number of poor relieved by the overseers, there were. 

foreigners, .... lunatics, .... idiot and .... mutes. The number of poor 
under their charge, at the time of auditing their accounts, was .. .. ; of 
which .... were males and .... females. The vested poor money of said 

town amounts to . dollars. The sum raised by tax upon the town, for 

the support of the poor for the year preceding this report, was .... dollars. 

I certify that the foregoing is a correct abstract of the accounts of the over¬ 
seers of the poor of the town of., for the year ending the. 

day of.. 190.., as they were settled by the town board. 

Dated .. the. day of ., 190.. 


Supervisor. 


§ 24. Town poor fund may be diverted.— It shall be lawful 
for the inhabitants of any town in such counties as have abolished 
the distinction between county and town paupers, and in such 
counties as may hereafter abolish such distinction, at any annual 
or special town meeting to appropriate all or any part of the 
moneys and funds remaining in the hands of the overseers of 
the poor of such town after such abolition, to such objects, and 

for such purposes, as shall be determined on at such meeting. 

Laws 1829, chap. 287, § 1. 


§ 25. May go to school fund.— If any such meeting shall ap¬ 
propriate such money or funds for the benefit of common schools 
in their town, the money so appropriated shall be denomi¬ 
nated “ The common school fund .of such town,” and shall be 
under the care and superintendence of the commissioners of 
common schools* of said town. 

Laws 1829, chap. 287, § 2. 

§ 26. Money, etc., to go to supervisor.— If any such meeting 
shall appropriate such money or funds for the benefit of common 
schools, after such appropriation shall have been made, and after 

* This is now vested in supervisor 

20 




















Ch. i. 


OVERSEERS OF THE POOR. 

Supervisor's duties as to school fund. 


§§ 27-31 


the commissioners of common schools shall have taken the oath 
of office, the overseers of the poor of such towns shall then pay 
over and deliver to the said commissioners* such moneys, bonds, 
mortgages, notes and other securities, remaining in their hands as 
such overseers of the poor, as will comport with the appropriation 
made for the benefit of common schools of their town. 

Laws 1829, chap. 287, § 3. 

§ 27. Supervisor may sue therefor.—The said commissioners 
(now supervisors) may sue for and collect in their name of 
office, the money due or to become due on such bonds, mortgages, 
notes or other securities, and also all other securities by them taken 
under the provisions of this act. 

Laws 1829, chap. 287, § 4. 

§ 28. Continue permanent school fund.— The moneys, bonds, 
mortgages, notes and other securities aforesaid, shall continue 
and be a permanent fund, to be denominated the common school 
fund of the town appropriating the same, the annual interest 
of which shall be applied to the support of common schools in 
such towns, unless the inhabitants of such town, in annual town 
meeting, shall make a different disposition of the whole of the 
principal and interest, or any part thereof, for the benefit of the 
common schools of such town. 

Laws 1829, chap. 287, § 5. 

§ 29. Supervisors may loan money, when — Secured by mort¬ 
gages.—The said commissioners of common schools whenever the 
whole or any part of the principal of said fund shall come to 
their hands, shall loan the same on bond, secured by a mortgage 
on real estate of double the value of the moneys so loaned, 
exclusive of buildings or artificial erections thereon. 

Laws 1829, chap. 287, § 6. 

§ 30. Foreclosure of such mortgages.— The said commission¬ 
ers of common schools (now supervisors) may purchase in the es¬ 
tate on which the fund shall have been secured, upon the fore¬ 
closure of any mortgage, and may hold and convey the same for 

the use of said fund. 

Laws 1829, chap. 287, § 7. 

§ 31. Interest, how to be applied.— The said commissioners 
of common schools (now supervisors) shall retain the interest of 

21 


§§ 32 , 33 


0VERSEE15S OF THE POOR. 

« 

Account and form of report. 


Ch. i. 


said common school fund, which shall be distributed and applied 
to the support of common schools of such town, in like manner 
as the public money for the support of common schools shall be 

distributed by law. 

Laws 1829, chap. 287, § 8. 

§ 32. Supervisors to account annually.— The said commis¬ 
sioners of common schools (supervisors) shall account annually, in 
such manner and at such time as town officers are required by 
law to account, and shall deliver to their successor in office 
all moneys, books, securities and papers whatsoever, relating to 
said fund, and shall take a receipt therefor, and file the same with 

the town clerk. 

Laws 1829, chap. 287, § 9. 

§ 33. Account of the overseer of the poor.— The following is 
an account of moneys received and expended together with the 
name, age, sex, nativity and cause of pauperism of each person 
relieved or supported by the overseer of the poor of the town 
of 


1 

Names of 
Paupers. 

Age. 

Sex. 

Place 

of 

Nativity. 

Cause of 
Pauperism 

Date of 

Order for 
Relief 

Amt. Expend¬ 
ed for each 
pauper. 

Louise Barnes... 

22 

Female 

Canada 

Disease 

Oct. 15,’91 

$23 50 

Patrick Murphy. 

78 

Male 

Ireland 

Old age 

May 30. ’00 

25 00 

Camille Fouquet. 

31 

Male 

France 

IntempTance 

Dec. 4, ’00 

4 75 

Toni Bonafedi... 

42 

Male 

Italy 

Idiocy 

Feb. 20, ’01 

10 25 

Fritz Schmidt.. . 

25 

Male 

Germany 

Disease 

July 21, ’00 

18 00 

Bertha Napier.. . 

31 

Female 

Scotland 

Debauchery 

Jan. 2, ’01 

7 05 


Form of report and additional certificate by town board.— 


The undersigned submits the following report as prescribed by section 27 of 
the Poor Law: 

[Here state the account as in the last section, brought down to date, and 
continue.] 

There is a deficiency in the town poor fund of. $ 

For the ensuing year there will be necessary for temporary and 

outdoor relief the sum of. 

[If there is no county almshouse add the following:] 

There will be necessary for the support of the poor for the ensuing 

year the sum of. 

Dated ., 190.. 

(Signed.) . 


Overseer of the Poor. 


22 

























Cii. i. 


OVER SEEKS OF THE POOR. 

Certificate by town board. 


33 


CERTIFICATE. 


We hereby approve 

of the town of . 

Dated, ., 


the statement and estimate of the overseer of the poor 

., contained in the annexed report. 

190 .. 


(Signed.) 


Town Board. 


One of the reports and certificates so signed should be filed in the town 
clerk’s office and the other given to the supervisor for delivery to the board of 
supervisors. 


Additional certificate by town board.— 

On or before December first of each year the town board should send to 
the superintendent of the poor the following certificate: 

To the Hon. , Superintendent of the Poor of the 

County of : 


The undersigned, members of the town board of the town of , in 

said county, do hereby certify: 

The following are the names, age, sex and native country of every poor 
person relieved and supported by the overseers of the poor of said towni dur¬ 
ing the preceding year, with the causes which have operated to render them 
such poor persons, and the amount expended for the use of each person as 
allowed by the board: 


NAMES. 

Age. 

Sex. 

Native 

country. 

Causes. 

Amt. allowed 

for expenses 
of each 
person. 








We have allowed the overseers named below, for their services rendered 
in relation to temporary or town relief, the several sums set opposite their 
names: 

To the sum of . $ 

To the sum of . 

To the sum of . 

The following is a statement of the name and age, and of the names and 
residence of the parents, of every child who has been placed by such over¬ 
seers in a family during the preceding year, w r ith the name and address of 
the family with whom each child is placed and the occupation of the head 
of the family, viz.: 


93 

























§§ 34, 35 


OVERSEERS OF THE POOR. 


Ch. i. 


Register; care of poor. 


NAME OF CHILD. 

Age of child. 

Names 

of child’s 

parents. 

Residence 

of child’s 

parents. 

Name 

of the 
family 
with whom 
placed. 

Address 
of family 
with whom 
placed. 

Occupation 
of the head 
of such 
family. 









Dated, 19 

(Signed.) . 

Town Board. 

34. Register of sex and age.—In addition to the general 
register of the inmates of the various almshouses, there shall be 
kept a record of the sex, age, birthplace, birth of parents, educa¬ 
tion, habits, occupation, condition of ancestors and family rela¬ 
tions, and cause of dependence of each person at the time of 
admission, with such other facts and particulars in relation 
thereto as may be-required by the State hoard of charities, upon 
forms prescribed and furnished by such hoard. Superintendents 
and overseers of the poor, and other officers charged with the relief 
and support of poor persons, shall furnish to the keepers or other 
officers in charge of such almshouses, as full information as prac¬ 
ticable in relation to each person sent or brought by them to such 
almshouse, and such keepers or other officers shall record the 
information ascertained at the time of the admission of such per¬ 
son, on the forms so furnished. All such records shall be pre¬ 
served in such almshouses, and the keepers and other officers in 
charge thereof shall make copies of the same on the first day of 
each month, and immediately forward such copies to the State 
board of charities. 

Poor Law, § 138. 

§ 35. Care of poor persons not to be put up at auction.— No 

officer or persons whose duty it may be to provide for the main¬ 
tenance, care or support of poor persons at public expense, shall 
put up at auction or sale, the keeping, care or maintenance of 
any such poor person to the lowest bidder, and every contract 
which may be entered into in violation of this provision shall 
be void. 

Poor Law, § 139. 


24 


















Ch.i. OVERSEERS OF THE POOR. §§ 36-38 

Certain reports. 

§ 36. Reports of certain other officers. — The provisions of 
this chapter, relating to reports by superintendents of the poor, to 
the State board of charities, and the penalties applicable thereto, 
are hereby extended to, and made applicable to the commissioners 
of public charities for the city and county of New York, the super¬ 
intendent of the almshouse of the county of Albany, the keeper of 
the almshouse of the county of Putnam, the commissioners of the 
almshouse elected in the cities of Newburgh and Poughkeepsie, 
and all poor officials elected or appointed in other cities of this 
State, under general or special acts of the legislature. 

Poor Law, § 140. 

§ 37. Reports with relation to children placed in family homes. 

■— The superintendents of the poor of counties, the overseers of 
the poor of cities and towns and all other public officers by 
whatsoever name or title known who are authorized by law to 
place out dependent children in family homes by adoption, in¬ 
denture or otherwise, are hereby required to report to the state 
* board of charities on blanks provided by such board, the par¬ 
ticulars with relation to each child so placed out. Such report 
shall state the name, age and sex of the child so placed out, 
together with the father’s full name and residence, the mother’s 
full name and residence, and the religious faith of the parents. 
The report shall also state the full names and residence of the 
heads of the family with whom such child is placed, their rela¬ 
tionship to the child, if any, the religious faith of the heads of 
such family, and their occupation or occupations, together with 
such further information as the State board of charities may re¬ 
quire on the blanks provided. Such reports for the preceding 
month shall be filed with the state board of charities on or before 
the tenth day of each month. 

Poor Law, § 141, as am’d Laws 1905, chap. 273. 

§ 38. Report of State board of charities. — The State board of 
charities shall include in its annual report to the legislature the 
results of the information obtained from the reports to be made 
to it as herein provided. It shall also, from time to time, furnish 
to the officials so required to report to it, necessary forms, blanks 
and instructions required in making up such reports. 

Poor Law, § 142. 


25 


§§ 39, 40 


OVERSEERS OF THE POOR. 


Ch.i. 


Conveyance of real property; etc. 

§ 39. Supervisor may accept conveyance of real property.— 

The supervisor of a town may as such official accept a deed or 
conveyance of real property or mortgage thereon in behalf of the 
town, and sell and convey such real property or mortgage the 
same after the expiration of one year from the date of such 
conveyance or mortgage for the care and maintenance of a poor 
person. No such deed or conveyance shall be accepted by him, 
unless by the written consent of the town board given at any 
regular meeting thereof. Such consent shall be filed in the office 
of the town clerk. The person or persons giving such deed or 
mortgage may within one year from the date of such conveyance 
or mortgage secure a conveyance or cancellation of said deed or 
mortgage upon payment to said supervisor of the expense in¬ 
curred by such town for taxes and necessary repairs on said prop¬ 
erty and also in maintaining such person or persons. 

Poor Law, § 143, added by Laws 1902, chap. 117. 

§ 40. Leaving children or wife a public charge — How proceeds 
of property applied.—Whenever the father, or the mother being, 
a widow or living separate from her husband, has absconded 
or shall abscond from his or her children or a husband from his 
wife, leaving any of such children or such wfife chargeable, or 
likely to become chargeable, upon the public for their support, 
and any real or personal estate of such father, or mother, or 
husband, has been or shall be seized by a superintendent of the 
poor or an overseer of the poor, or by a board of charities (or 
by other officers authorized to make such seizure), by warrant 
of the justices of the peace of the county where such real or 
personal property may be situated, and the court of sessions of 
the county wherein such superintendent or overseer of the poor 
or board of charities, or other officers authorized to make such 
seizure resides, has confirmed, or shall confirm said warrant and 
seizure and has heretofore directed, or shall hereafter direct 
what part of any of the said personal property shall be sold and 
how much, if any, of the proceeds of such sale and of the rents 
and profits of the real estate, if any, be applied toward the 
maintenance of the children or wife of the person so absconding, 
then the said superintendent or overseer of the poor, board of 
charities or other officer so authorized and directed, shall apply the 
said proceeds of sale of said personal property, or rents and 
profits of the real estate (as the case may be) : First, to the 

26 


Ch. i. 


OVERSEERS OF THE POOi;. 

Guardians for minors. 


§ 


payment of such taxes and assessments as may be outstanding 
and existing liens upon the said real estate, and repairs necessary 
to be made upon said real estate; and premiums for insurance on 
the buildings on said real estate and the balance, if any, directly 
to the maintaining, bringing up and providing for the wife, child 
or children so left and abandoned, as the same may be required 
from time to time; and for all of such expenditures they shall 
take proper vouchers, and from the rents and profits thereafter 
received from any real estate so seized they shall first pay all 
legal taxes and assessments, as they shall be assessed against said 
real estate and such premiums for insurances and expenses for 
such repairs thereon as they may deem necessary for the pro¬ 
tection and preservation of said real estate, and the balance of 
said rents and profits shall be applied by said overseers, superin¬ 
tendents, boards of charities, or other persons authorized to 
make such seizures, to the maintaining, bringing up, and pro¬ 
viding for the wife, child, or children so left and abandoned, and 
proper vouchers shall be taken thereof. 

Laws 1878, chap. 304, § 1. 

§ 41. Guardians for minors — Care of fund — Security — Ac¬ 
counting.—Whenever any child or children, entitled to the bene¬ 
fits provided by this act, shall be a minor or minors whose mother 
is dead and whose father has absconded from his children, or 
whose mother, being a widow or living apart from her husband, 
has absconded from her children, and such minor or minors shall 
have no guardian, the court of sessions having jurisdiction of this 
matter shall appoint some suitable person guardian ad litem or 
next friend of such minor or minors, whose duty it shall be to 
see that the provisions of this act are carried into effect. The 
proceeds of the sale of said personal property and the rents and 
profits of said real estate shall not be mingled or placed with any 
other funds held or owned by the officer or officers receiving 
the same, but shall be kept separate and distinct. Such super¬ 
intendent, overseer of the poor, board of charities or other author¬ 
ized officer shall give security for the faithful performance of 
the duties hereby imposed in such form and in such sum as 
the aforesaid court may direct, and shall account to the court 
of sessions for all moneys so received by them and for the applica¬ 
tion thereof from time to time and may be compelled by the said 
court to render such account at any time. 

Laws 1878, chap. 304, § 2. 


27 


§§ 42-45 


OVERSEERS OF THE POOR. 


Ch. i. 


Accounting, penalties, recovery from pauper. 

§ 42. Accounting — Person appointed to represent minors.— 

Kotice of such accounting shall be given to the wife or children, 
so left and abandoned, as the case may be, and to the guardian of 
such children, if any of them be minors. And in the event that 
no guardian or next friend has been appointed, as hereinbefore 
provided, the said court shall, prior to such accounting being had, 
appoint some suitable person to attend upon such accounting in 
behalf of said minors, and notice of such appointment and of such 
accounting shall be given to the person so appointed. 

Laws 1878, chap. 304, § 3. 

§ 43. Penalties, how applied. — All penalties received from the 
prosecution of any recognizance given by any person who shall 
have abandoned or neglected his wife or children, or who shall 
have threatened to run away and leave his wife or children a 
burden on the public, shall be retained by the officer at whose in¬ 
stance such recognizance was prosecuted, and applied for the 
same purpose and in the same manner as in the first section of 
this act provided for the disposition of the proceeds of the sales 
of personal property and the rents and profits of real estate seized 
under the provisions of this act. 

Laws 1878, chap. 304, § 4. 

§ 44. Recovery from pauper who has money. — If it shall at 
any time be ascertained that any person, who has been assisted by 
or received support from any town, city or county, has real or 
personal propert, or if any such person shall die, leaving real 
or personal property, an action may be maintained in any court 
of competent jurisdiction, by the overseer of the poor of the 
town or city, or the superintendent of the poor of any county 
which has furnished or provided such assistance or support, or 
any part thereof, against such person or his or her estate, to 
recover such sums .of money as may have been expended by their 
town, city or county in the assistance and support of such person 
during the period of ten years next preceding such discovery or 
death. 

Poor Law, § 57, added by Laws 1901, chap. 664. 

§ 45. Who may be compelled to support poor relatives. — The 

father, mother and children, if of sufficient ability, of a poor per¬ 
son who is insane, blind, old, lame, impotent or decrepit, so as to 
be unable by work to maintain himself, must, at their own charge, 

28 


Ch. i. OYBESEEBS OF THE POOli. §§ 40, 47 

Order to compel support; court to bear, etc. 

relieve and maintain him in a manner to be approved by the over¬ 
seers of the poor of the town where be is, or in The City of New 
1 ork, by the commissioners of public charities. If such poor per¬ 
son be insane, be shall be maintained in the manner prescribed by 
the insanity law. The father, mother, husband, wife or children 
of a poor insane person legally committed to and confined to an 
institution supported in whole or in part by the state, shall be 
liable, if of sufficient ability, for the support and maintenance of 
such insane person from the time of his reception in such institu¬ 
tion. 

Code Crim. Pro., § 914, as am’d by chap. 399, Laws 1898. 

§ 46. Order to compel a person to support a poor relative, et 
cetera.—If a relative of a poor person fail to relieve and maintain 
him as provided in the last section, the overseers of the poor of 
the town where he is, or in The City of New York, the commis¬ 
sioners of public charities may apply to the Court of General 
Sessions of the county of New York or to the county court of any 
other county where the person dwells, for an order to compel 
such relief, upon at least five days’ written notice, served per¬ 
sonally, or by leaving it at the last place of residence of the 
person to whom it is directed, in case of his absence, with a person 
of suitable age and discretion. If such poor person be insane 
and legally committed to and confined in an institution supported 
in whole or in part by the state, and his relatives refuse or neg¬ 
lect to pay for his support and maintenance therein, application 
may be made by the treasurer of such institution in the manner 
provided in this section for an order directing the relatives liable 

therefor to make such payment. 

Code Crim. Pro., § 915, as am’d by Laws 1898, chap. 399, and 1904. 
ch. 520. 

§ 47. Court to hear the case and make order of support.— At 

the time appointed in the notice, the court or judge thereof must 
proceed summarily to hear the allegations and proofs of the 
parties, and must order such of the relatives of the poor person, 
mentioned in section nine hundred and fourteen, as were served 
with the notice and are of sufficient ability, to relieve and main¬ 
tain him, specifying in the order the sum to be paid weekly for 
his support, and requiring it to be paid by the father, or if there 
be none, or if he be not of sufficient ability, then by the children, 
or if there be none, or if they be not of sufficient ability, then by 

29 


§§ 48, 49 


OVERSEERS OF THE POOR. 


On. i. 


Support; how apportioned, etc. 

the mother. If the application be made to secure an order com¬ 
pelling relatives to pay for the maintenance of insane poor per¬ 
sons committed to, and confined in, an institution supported in 
whole or in part by the state, such order shall specify the sum 
to be paid for his maintenance by his relatives liable therefor, 
from the time of his reception in such institution to the time of 
making such order, and also the sum to he paid weekly for his 
future maintenance in such institution. The relatives served 
with such notice shall he deemed to he of sufficient ability, unless 
the contrary shall affirmatively appear to the satisfaction of the 
court or a judge thereof. 

Code Crim Pro., § 916, as am’d by Laws 1898, chap. 399. 

§ 48. Support; when to be apportioned among different rela¬ 
tives.—If it appear that any such relative is unable to wholly 
maintain the poor person or to pay for his maintenance if confined 
in a state institution for the insane, hut is able to contribute 
toward his support, the court or a judge thereof may direct two 
or more relatives, of different degrees, to maintain him or to 
pay for his maintenance in such an institution if insane, prescrib¬ 
ing the proportion which each must contribute for that purpose; 
and if it appear that the relatives are not of sufficient ability whol¬ 
ly to maintain him, or to pay for his maintenance in such an in¬ 
stitution, if insane, but are able to contribute something, the 
court or a judge thereof must direct the sum, in proportion to 
their ability, which they shall pay weekly for that purpose. If it 
appears that the relatives who are liable for the maintenance of an 
insane poor person confined in a state institution for the insane 
are not able to pay the whole amount due for such maintenance 
from the time of such poor person’s admission to such institu¬ 
tion, the court or a judge thereof must direct the sum to be paid 
for such maintenance in proportion to the ability of the relatives 
liable therefor. 

Code Crim. Pro., § 917, as am’d by chap. 399, Laws 1898. 

§ 49. Order to prescribe time during which support is to con¬ 
tinue, or may be indefinite; when and how order may be varied.— 

The order may specify the time during which the relatives must 
maintain the poor person, or during which any of the sums directed 
by the court or a judge thereof are to be paid, or it may be indefin¬ 
ite or until the further order of the court or a judge thereof. If 

30 


Ch. i. 


OVERSEERS OF THE POOR. 


§§ 50-52 


Costs; failure to comply with order, etc. 

the order be for payment of a weekly sum for the maintenance of 
an insane poor person in a state institution, the order shall specify 
that such sum shall be paid as long as such insane poor person is 
maintained in such institution. The court or a judge thereof 
may, from time to time, vary the order, as circumstances may re¬ 
quire, on the application either of any relative affected by it, or 
of an officer on whose application the order was made, upon ten 
days’ written notice. 

Code Crim. Pro., § 918, as am’d by chap. 399, Laws 1898. 

§ 50. Costs, by whom to be paid, and how enforced. — The 

costs and expenses of the application must be ascertained by 
the court, and paid by the relatives against whom the order is 
made; and the payment thereof, and obedience to the order of 
maintenance, and to any order for the payment of money, may be 
enforced by attachment. 

Code Crim. Pro., § 919. 

§ 51. Action on the order on failure to comply therewith.— If 

a relative, required by an order of the court or a judge thereof, 
to relieve or maintain a poor person, neglect to do so in the man¬ 
ner approved by the officers mentioned in section nine hundred 
and fourteen, and neglect to pay them weekly the sum prescribed 
by the court or a judge thereof, the officers may maintain an ac¬ 
tion against the relative, and recover therein the sum prescribed 
by the court or a judge thereof for every week the order has been 
disobeyed, to the time of the recovery, with costs, for the use of 
the poor.* If the order directs a relative to pay for the main¬ 
tenance of an insane poor person in a state institution, and such 
relative refuses or neglects to pay the amount Specified therein, 
an action may be brought by the treasurer of such institution in 
its corporate name to recover the amount due to such institution 
by virtue of such order. 

Code Crim. Pro., § 920, as am’d by chap. 399, Laws 1898. 

§ 52. How to proceed against parents, etc. — When the father, 
or the mother being a widow or living separate from her husband, 
absconds from the children, or a husband from his wife, leaving 
any of them chargeable or likely to become chargeable upon the 
public, the officers mentioned in section nine hundred and four¬ 
teen may apply to any two justices of the peace or police justices 
in the county in which any real or personal property of the 

31 


§§ 53-55 


OVERSEERS OE THE POOR. 
Seizure of property; warrant, etc. 


Ch. i. 


father, mother or husband is situated, for a warrant to seize the 
same. Upon due proof of the facts, the magistrate must issue his 
warrant, authorizing the officers so applying to take and seize the 
property of the person so absconding. Whenever any child shall 
be committed to an institution pursuant to any provision of law, 
any criminal court or magistrate may issue a warrant for the 
arrest of the father of the child, and examine into his ability to 
maintain such child in whole or in part; and if satisfied that such 
father is able to contribute toward the support of the child, then 
such court or magistrate shall, by order, require the weekly pay¬ 
ment by such father of such sum and in such manner as shall be 
in said order directed, towards the maintenance of such child in 
such institution, which amount when paid shall be credited by the 
institution to the city, town or county against any sums due to it 
therefrom on account of the maintenance of the child. 

Code Crim. Proc., § 921, as am’d by Laws 1903, chap. 13. 

§ 53. Seizure of their property — Transfer thereof, when 
void.—The officers so applying may seize and take the property, 
wherever it may be found in the same county; and are vested with 
all the rights and title thereto which the person absconding then 
had. The sale or transfer of any personal property, left in the 
county from which he absconded, made after the issuing of the 
warrant, whether in payment of an antecedent debt or for a new 
consideration, is absolutely void. The officers must immediately 
make an inventory of the property seized by them, and return it, 
together with their proceedings, to the next county coujt of the 
county where they reside, there to be filed. 

Code Crim. Proc., § 922, as am’d by Laws 1895, chap. 880. 

§ 54. Warrant and seizure, when confirmed or discharged, 
etc.—The court, upon inquiring into the circumstances of the case, 
may confirm or discharge the warrant and seizure; and if it be 
confirmed, must, from time to time, direct what part of the per¬ 
sonal property must be sold, and how much of the proceeds of 
the sale, and of the rents and profits of the real property, if any, 
are to be applied toward the maintenance of the children or wife 
of the person, absconding. 

Code Crim. Proc., § 923. 

§ 55. Warrant, in what cases to be discharged.— If the party 
against whom the warrant issued, return and support the wife 

32 


Ch. i. 


OVERSEERS OF THE POOR. 


§ 56 


Sale of property seized, etc. 

or children so abandoned, or give security satifactory to any two 
justices of the peace, or police justices in the city, village or 
town, to the overseers of the poor of the town, or in the city of 
New York, to the commissioners of charities and corrections, that 
the wife or children so abandoned shall not be chargeable to the 
town or county, then the warrant must be discharged by an order 
of the magistrates, and the property taken by virtue thereof 
restored to the party. 

Code Crim. Proc., § 924. 

§ 56. Sale of the property seized, and the application of its 
proceeds.—The officers must sell at public auction the property 
ordered to be sold, and receive the rents and profits of the real 
property of the person absconding, and in those cities, villages or 
towns which are required to support .their own poor, the officers 
charged therewith must apply the same to the support of the 
wife or children so abandoned; and for that purpose must draw on 
the county treasurer, or in the city of New York, upon the 
comptroller, for the proceeds as directed by special statutes. 
They must also account to the county court of the county, for all 
moneys so received by them, and for the application thereof from 
time to time, and may be compelled by that court to render that 
account at any time. 

Code Crim. Proc., § 925. 


3 


33 


CHAPTER TWO 


SUPERINTENDENTS OF THE POOR 


§57. Election and appointment. 

§58. Undertaking. 

§59. Compensation. 

§60. Powers and duties. 

§61. As keepers. 

§62. Support of poor. 

§63. Idiots and lunatics. 

§64. Pestilence in almshouse. 

§65. Accounts with County Treasurer. 
§66. Apportionment of expenses. 

§67. Tax levy on towns. 

§68. Expense of county poor. 


§69. Report of State Board of Chari¬ 
ties. 

§70. Outdoor relief. 

§71. Penalties. 

§72. Powers of. 

§73. Neglect of duty. 

§74. Unlawful removal. 

§75. Convict made goods. 

§76. Prisoners employed. 

§77. Certain articles. 

§78. Price on goods. 

§79. Fines. 

§80. Contracts prohibited. 


§ 57. Superintendents of the poor.— There shall continue to 
he elected or appointed in each of the counties one or more super¬ 
intendents of the poor as heretofore; but no supervisor of a town, 
or county treasurer, shall be elected or appointed to such office. 
The board of supervisors of any county having, or entitled to have, 
three or more superintendents of the poor, may at an annual meet¬ 
ing thereof, determine by resolution that thereafter only one 
county superintendent of the poor shall be elected; but no super¬ 
intendent of the poor shall be elected or appointed in such county 
until the general election next preceding the expiration of the 
terms of the superintendents in office, or the office shall be vacant. 
The term of any superintendent in office, or of any person duly 
elected thereto on the passage of such resolution, shall not be 
affected thereby. Such board may also, in counties having and en¬ 
titled to have but one superintendent of the poor, in like manner 
determine that thereafter three superintendents of the poor be 
elected for such county. After the passage of a resolution, as 
herein provided, the powers herein conferred shall not be again 
exercised within a period of five years. Such resolution shall not 
take effect until the next calendar year succeeding its adoption. 

There shall continue, 

1. To be elected annually in each of the counties so having and 
being entitled to three county superintendents, one county superin¬ 
tendent of the poor, who shall hold his office for three years from 

34 


Ch. ii. 


SUPERINTENDENTS OF THE POOR. 

Appointment and election. 


§ 57 


and including the first day of January succeeding his election, and 
until his successor is duly elected and qualifies; 

2. To be appointed by the board of supervisors, if in session, 
otherwise by the county judge, a county superintendent of the 
poor, when a vacancy shall occur in such office, and the person so 
appointed shall hold the office until and including the last day of 
December succeeding his appointment, and until his successor shall 
be elected and qualifies; 

3. To be elected a county superintendent of the poor in a county 
when a vacancy shall occur in such office, and the term of which 
shall not expire on the last day of the next succeeding December, 
and the person so elected shall hold the office for such unexpired 
term, which shall be designated upon the ballots of the electors, or 
until his successor shall be elected and qualifies; 

4. To be elected in each of the counties so having, and entitled 
to have, hut one superintendent, a superintendent of the poor, who 
shall hold his office for three years from and including the first day 
of January succeeding his election, and until his successor is duly 
elected and qualifies; 

5. To be appointed by the board of supervisors, if in session, 
otherwise by the county judge, a superintendent of the poor, in a 
county having and being entitled to hut one superintendent, when 
a vacancy shall occur in such office; and the person so appointed 
shall hold the office until and including the last day of December 
succeeding his appointment, and until his successor shall be elected 
and qualifies; 

6. To be elected in the succeeding year after the board of super¬ 
visors of a county having but one superintendent of the poor shall 
have adopted a resolution to have three superintendents, if the 
term of the superintendent in office expires with such year, -three 
superintendents of the poor for such county, for the terms of one, 
two and three years respectively, which terms shall be respectively 
designated upon the ballots of the electors voting for such officers. 
If the term of the superintendent in office will not expire with such 
succeeding year, there shall be elected two superintendents of the 
poor for such county, for such terms, to be so designated upon the 
ballots of the electors voting for such officers, as will make the 
terms of one of the three superintendents expire with each suc¬ 
ceeding year, and one superintendent of the poor shall hereafter 
be annually elected. Such persons so elected shall hold the office 
from and including the first day of January succeeding his elec- 

35 


§ 58 SUPERINTENDENTS OF THE POOR. Ch. ii. 

Undertaking. 

tion, and until and including the last day of December of the year 
in which his term shall so expire, and until his successor is duly 
elected and qualifies. When ballots are voted without designating 
the term, the first name on the ballot shall be deemed as intended 
for the full or longer term of the officer voted for; the second name 
for the next longer term, and the third name for the shorter term. 

County Law, § 210; 1 R. S. 780. See § 523, ante. 

A supervisor is ineligible to hold the office of superintendent of the poor, 
or to an election or appointment thereto. 

The People ex rel. Furman v. Clute, 50 N. Y. 451. 

The superintendent may contract a liability for supplies furnished for the 
county poorhouse. 

Hayes v. Symonds, 9 Barb. 260. 

The majority of superintendents may bind the minority in transacting busi¬ 
ness officially. 

Johnson v. Dodds, 56 N. Y. 76. 

The county superintendents of the poor of the several counties are author¬ 
ized to bind out any child under the age of eighteen years who shall be sent 
to the poorhouse, or whose support shall be a county charge. 

Johnson v. Dodds, 56 N. Y. 76. 

§ 58. Undertaking. — Every person elected or appointed to the 
office of superintendent of the poor shall, before he enters upon 
the duties of his office, and if appointed, within fifteen days 
after notice thereof, execute and deliver to the clerk of his county, 
to be filed in his office, his undertaking to the county, with two or 
more sufficient sureties, with the approval of the board of super¬ 
visors, if in session, indorsed thereon by the clerk; otherwise by the 
county judge of his county, or a justice of the Supreme Court of 
his judicial district, to the effect that he will faithfully discharge 
the duties of his office as such superintendent of the poor, and pay 
according to law all moneys that shall come into his hands as such 
superintendent, and render a just and true account thereof to the 
board of supervisors of his county. 

County Law, § 211; 1 R. S. 781. 


UNDERTAKING OF COUNTY SUPERINTENDENT OF THE POOR. 

Whereas, .... was duly elected [or, appointed] superintendent of the poor 

of the county. ...» on the-day of .19. . now, therefore, we, 

the said . . . ., as principal, and .... and . . . ., as sureties, do hereby under¬ 
take, by and with the county of., that the said _ will faithfully 

discharge the duties of his office as such superintendent of the poor, and pav 
according to law, all moneys that shall come into his hands as such superin- 

36 






Ch. ii. 


SUPERINTENDENTS OF THE POOR. §§ 59, 60 

Pay; powers and duties. 

tendent, and render a just and due account thereof to the board of supervisors 
of the county of. 

Dated this.day of., 19.. . 


The above bond and the sureties named therein were duly approved by the 
board of supervisors of the county of.,, on the .. . .day of...., 19.. 

Clerk of the Board. 

§ 59. General powers supervisors as to pay.— The board of 
supervisors shall: 

Fix the salaries and compensation of county treasurers, district 
attorneys and superintendents of the poor of their county which 
shall be a county charge and not be changed during the term of 
any such officer and prescribe the mode of appointment and fix the 
number, grade and pay of the clerk’s assistants and employes in 
such offices when not otherwise fixed by law which shall be a 
county charge. 

County Law, § 12, subd. 5. See also, §§ 17, 34, ante. 

The board of supervisors may appoint one of the superintendents of the 
poor of their county keeper of the almshouse. 

Poor Law, § 4. 

§ 60. Powers and duties of superintendents.— The county 
superintendents of the poor shall: 

1. Have the general superintendence and care of poor persons 
who may be in their respective counties. 

2. Provide and keep in repair suitable almshouses when di¬ 
rected by the board of supervisors of their county. 

3. Establish rules and by-laws for the government and good 
order of such almshouses, and for the employment, relief, man¬ 
agement and government of the poor therein; but such rules and 
regulations shall not be valid until approved by the county judge 
of the county, in writing. 

4. Unless a keeper be appointed by the board of supervisors, as 
provided by section four of this article, employ suitable persons 
to be keepers of such houses, and physicians, matrons and all other 
necessary officers and servants, and vest such power in them for 
the government of such houses, and the poor therein, as shall be 
necessary, reserving to such poor persons who may be placed under 
the care of such keepers, matrons, officers or servants, the right of 
appeal to the superintendents. [Amended by Laws 1903, chap. 
340.] 


37 










SUPERINTENDENTS OF THE POOR. 

Powers and duties. 


Ch. II. 


§ 60 


5. Purchase all necessary furniture, implements, food and ma¬ 
terials for the maintenance of the poor in stich houses, and for 
their employment in labor, and use, sell and dispose of the pro¬ 
ceeds of such labor as they shall deem expedient. 

6. Prescribe the rate of allowance to be made for bringing poor 
persons to the county almshouse, subject to such alterations as the 
board of supervisors may by general resolution make. 

7. Authorize the keepers of such houses to certify the amount 
due for bringing such poor persons; which amount shall be paid 
by the county treasurer on the production of such certificate, 
countersigned and allowed by the county superintendent of the 
poor. 

8. Summarily decide any dispute that shall arise concerning 
the settlement of any poor person, upon a hearing of the parties, 
and for that purpose may issue subpoenas to compel the attendance 
of witnesses, with the like powers to enforce such process, as is 
given to a justice of the peace in an action pending before him; 
their decisions shall be filed in the office of the county clerk within 
thirty days after they are made, and shall be conclusive and final 
upon all parties interested, unless an appeal therefrom shall be 
taken, as provided in this chapter. 

9. Direct the commencement of suits by any overseer of the 
poor who shall be entitled to prosecute for any penalties, or upon 
any recognizance, bonds, or securities taken for the indemnity of 
any town or of the county; and in case of the neglect of any such 
overseer, to commence and conduct such suits, without the author¬ 
ity of such overseer, in the name of such superintendents. 

10. Draw on the count treasurer for all necessary expenses in¬ 
curred in the discharge of their duties, which draft shall be paid 
by such treasurer out of the moneys placed in his hands for the 
support of the poor. 

11. Audit and settle all accounts of overseers of the poor, jus¬ 
tices of the peace, and all other persons, for service relating to the 
support, relief or transportation of the county poor; and draw on 
the county treasurer for the amount of the accounts which they 
shall so audit and settle. 

12. Furnish necessary relief to such of the county poor as may 
require only temporary assistance, or are so disabled that they can¬ 
not be safely removed to the county almshouse, or to the county 
poor who can be properly provided for elsewhere than at the 


38 


Cn. ii. 


SUPERINTENDENTS OF THE POOR. 

Powers and duties. 


§ 60 


county almshouse at an expense not exceeding that of their support 
at such almshouse. 

13. Render to the board of supervisors of their county, at their 
annual meeting, a verified account of all moneys received and ex¬ 
pended by them, or under their direction, and of all their proceed¬ 
ings in such manner and form as may be required by the hoard. 

14. Pay over all moneys remaining in their hands, within fif¬ 
teen days after the expiration of their terms of office, to the county 
treasurer, or their successors. 

15. Administer oaths and take affidavits in all matters pertain¬ 
ing to their office, and elicit, by examination imder oath, state¬ 
ments of facts from applicants for relief. “ Expenditures by the 
superintendent of the poor in the administration of his depart¬ 
ment are subject to the following limitations: The hoard of su¬ 
pervisors, at its annual meeting, may fix the maximum sum which 
may be expended by the superintendent, at his discretion, during 
the next ensuing year, and may provide that expenditures in ex¬ 
cess of that sum shall be made only with the written approval of 
the chairman of the board of supervisors, or of a committee of the 
board, composed of not exceeding three members. If such limi¬ 
tation is fixed and such provision made, the county treasurer shall 
not pay any draft or order of the superintendent in excess of the 
sum so fixed by the board, unless it is accompanied with the 

written approval of such chairman or committee.” 

Poor Law, § 3, as am’d by chap. 507, Laws of 1897. 

As to reports to board of supervisors by 

See County Law, § 233; 1 R. S. 786. 

As to penalty for neglect to so report, 

See Penal Code, § 117a. 

The superintendent of the poor under the statute authorizing them to set¬ 
tle all accounts of the overseers of the poor, justices and other persons for 
services relating to the support, relief or transportation of county paupers 
(Laws 1832, chap. 26) have no authority to audit a claim of an attorney 
employed by them in bastardy proceedings. 

Such officers have power to employ an attorney and are liable for his serv¬ 
ices, but such services do not relate to “ support, relief or transportation ” 
within the meaning of the statute. 

It seems that such an expense incurred by them is a county charge to be 
audited by board of supervisors, and may be charged upon the putative 
father. 

Neary v. Robinson, 98 N. Y. 81. 

The boad of supervisors of a county has no power to direct the county 
treasurer not to pay, out of the poor funds, any drafts drawn by the super¬ 
intendents of the poor to their own order, or to the order of either of them, 


39 


SUPERINTENDENTS OE THE POOP. 

Powers and duties. 


Cli. II. 


§ 00 


nor to direct him not to pay any draft, unless the object for which the money 
is to be paid be specified therein. 

People ex rel. Serven v. Demarest, 1G Hun, 123. 

They are bound to provide funds to pay orders drawn by the superintend¬ 
ents of the poor and certificates given for service as jurors, and if the funds 
are wasted or lost, to provide others to replace them. 

Chemung Canal Bank v. Board of Supervisors of Chemung County, 5 Denio, 
517. 

Where a person sells to superintendents of the poor, provisions for the poor- 
house, upon an agreement that it is to be a cash sale, or if an order shall be 
given, that it shall answer as cash, whereupon the superintendents give him 
an order upon the treasurer of the county for the amount, and upon present¬ 
ment of such order to the treasurer payment is refused, for want of funds, 
the vendor is remitted to his original right of action, and may recover the 
value of the supplies. 

In such a case the county is liable on the contract made by its authorized 
agents, in the business specially committed to them by the statute, and its 
liability is to be enforced in a suit against the superintendent. 

Paddock v. Symonds, 11 Barb. 117. 

Superintendents of the poor are not bound to audit the accounts of physi¬ 
cians and others for services rendered to county paupers by request of the 
overseers of the poor of the several towns; and this, though the services were 
rendered in pursuance of orders for temporary relief. 

It is the duty of the overseers to adjust such accounts and charge them in 
their bills against the county. 

The employment of a physician by the superintendents of the poor of a 
county does not supersede the right of the overseers of the several towns to 
employ other physicians to attend county paupers, entitled to temporary re¬ 
lief. 

Ex parte Green & Brown, 4 Hill, 558. 

The statutes relating to the support of the poor at county poorhouses fur¬ 
nish no authority for a discrimination between county and town poor, in re¬ 
spect to the application of the income of the poorhouse farm. On the contrary 
the legislature intended the income should be applied to the support of the 
poor of the county generally at the poorhouse without distinction. 

The statutory provisions obviously contemplate that the benefits resulting 
from the poorhouse and farm shall be common to the county and towns, in re¬ 
spect to the support of the poor at the poorhouse, without any regard what¬ 
ever to the general obligation of each to support its own poor. 

The occupancy of the property, the products of the farm consumed thereon 
and in the poorhouse, the labor of the poor in carrying on the farm and the 
business of the poorhouse, the avails of sales of products of the farm and the 
labor of the poor, are all to go, and be applied, to reduce the expenses of the 
support of the poor generally, at the poorhouse, without any discrimination. 

Thus, where the city of Rochester was, by law, in the condition of a towip 
in respect to the mode of supporting its poor at the county poorhouse, it was 
held that the income of the poorhouse farm in Monroe county ought to be ap¬ 
plied to the support, indiscriminately, of the county, town and city poor, 
kept at the county poorhouse on said farm. 

City of Rochester v. Supervisors of Monroe, 22 Barb. 248. 


The overseer of the poor cannot incur for the county a liability beyond the 
sum of $10, for relief in a single case, without the consent of one of the 
superintendents of the poor. 

But with this restriction his power of giving temporary relief is independ¬ 
ent of the control of the superintendents of the poor. 

Gere v. Supervisors of Cayuga, 7 How. 255. 

40 


Cii. ii. 


SUPERINTENDENTS OF THE POOR. §§ 61-63 


Appointment as keeper; direct overseers to take charge, etc. 

Superintendents of the poor are not authorized to receive paupers into the 
county poorhouse to be supported at the expense of the county, unless an 
order to that effect has been made by the overseer of the poor, or a warrant 
has been issued for the removal of the pauper to the county poorhouse as a 
lunatic. 

Pomeroy v. Wells, 8 Paige, 405. 

§ 61. Appointment of superintendent as keeper. — The board 
of supervisors of any county may, by resolution, appoint as keeper 
of its county almshouse one of the superintendents of the poor of 
such county, who shall hold such office until the expiration of his 
term as superintendent or until the board of supervisors, by resolu-* 
tion, shall determine that he shall no longer act in such capacity. 
The board of supervisors may fix the compensation such superin¬ 
tendent shall receive for acting as such keeper, and such compensa¬ 
tion shall be a county charge. While a resolution of the board of 
supervisors directing such superintendent to act as keeper of the 
county almshouse is in force, the superintendents shall not em¬ 
ploy a keeper thereof. 

Poor Law, § 4. See § 944, ante. 

§ 62. When they may direct overseeers of the poor to take 
charge of county poor. —Whenever the county superintendents 
take charge of the support of any county poor person, in counties 
where no almshouse is provided, they may authorize the overseers 
of the poor of the town in which such poor person may be, to con¬ 
tinue to support him, on such terms and under such regulations 
as they shall prescribe; and thereafter no moneys shall be paid 
to such overseers for the support of such poor person, without 
the order of the superintendents; or the superintendents may re¬ 
move such poor person to any other town, and there provide for 
his support, in such manner as they shall deem expedient. 

Poor Law, § 5. 

§ 63. Idiots and lunatics. — The superintendents of the poor 
shall provide for the support of poor persons that may be idiots or 
lunatics, at other places than in the almshouse, in such manner as 
shall be provided by law for the care, support and maintenance of 

such poor persons. 

Poor Law, § 6. 

A person is now committed upon the certificate of two medical examiners 
approved by a judge of a court of record. The alleged insane person may be 
confined upon the certificate of lunacy for five days preceding the approval 
of the judge. The judge may in his discretion take proof as to any alleged 
lunacy before approving the certificate or he may call a jury to determine 

41 


§§ 64, 65 SUPERINTENDENTS OF THE POOR. Ch. ii. 

Pestilence in almshouse, accounts of county treasurer. 

the question. Application is to be made to the court of record by verified 
petition stating the facts upon which the allegation of insanity is based 
and is to be accompanied by the certificate in lunacy of two medical exam¬ 
iners. Provision is also made for the service of notice of the application 
upon the alleged insane person and his relatives. Upon the petition and 
certificate the judge may issue his order of commitment. If a relative or 
friend of the alleged insane person demands a hearing and a trial of the 
issues, or if the judge deems a trial necessary for complete justice, he must 
issue an order directing a hearing before him or a referee appointed by him 
at which all the parties interested may be present and testify as to the con¬ 
dition of the alleged insane person. It is not intended by this change to 
provide a trial of the issue in every case of alleged insanity. 

In a majority of the cases the insanity of the person is clearly apparent 
and there is no occasion for an extended hearing. In such cases it is for 
> the material advantage of all parties interested that the person be confined 
in an institution for the custody and treatment of the insane. There may 
be cases, however, where the insanity of the person may be in doubt or 
where the applicant for an order of commitment is pecuniarily or otherwise 
interested in securing the confinement of the alleged lunatic. 

These cases should be carefully scrutinized and every opportunity to be 
given to the alleged lunatic or to other persons interested in his welfare to 
be heard if they so desire. 

The provision that the judge issuing the order of commitment of the in¬ 
sane person to the state hospital shall make a statement in writing to ac¬ 
company the order of the financial condition of the person committed is new. 
It is presumed that the judge will ascertain such condition and the informa¬ 
tion acquired will be of use to the hospital authorities and the commission in 
lunacy in securing from the estate of the person committed or his relatives 
legally liable for his support compensation for his maintenance at the hos¬ 
pital. 

Revisers Notes to § 62, Insanity Law. 

§ 64. Pestilence in almshouse.— Whenever any pestilence of 
infectious or contagious disease shall exist in any county alms¬ 
house or in its vicinity, and the physician thereof shall certify that 
such pestilence or disease is likely to endanger the health of the 
persons supported thereat, the superintendents of the poor of such 
county shall cause the persons supported at such almshouse or any 
of them, to be removed to such other suitable place in the same 
county as shall be designated by the board of health of the city, 
town or village within which such almshouse shall be, there to be 
maintained and provided for at the expense of the county, with all 
necessary medical care and attendance, until they can be safelv 
returned to the county almshouse from which they were taken, or 
otherwise discharged. 

Poor Law, § 7. 

§ 65. Accounts of county treasurer with towns.— I n counties 
where there are town poor, the county treasurer thereof shall open 
and keep an account with each town, in which the town shall be 
credited with all the moneys received from the same, or from its 

42 


Ch. ii. 


SUPEKINTENDENTS OF THE POOIi. §§ 66, 67 

Town expenses, levy, etc. 

officers, and shall be charged with the moneys paid for the sup¬ 
port of its poor. If there be a county almshouse in such county, 
the superintendents of the poor shall, in each year, before the 
annual meeting of the board of supervisors, furnish to the county 
treasurer a statement of the sums charged by them as herein di¬ 
rected, to the several towns for the support of their poor, which 
shall be charged to such towns, respectively, by the county treas¬ 
urer in ’his account. 

Poor Law, § 8. 

In counties where tire towns are directed to support their own poor the 
county treasurer should credit each town with the money received from the 
same and charge it with moneys paid out for the support of the poor chargea¬ 
ble to such town. 

All benefits and avails from the poorhouse farm are to go into a common 
fund for benefit of all the towns, etc. 

Rochester v. Supr. of Monroe, 22 Barb. 248. 

§ 66. Annual apportionment of town expenses.— In counties 
having an almshouse, and where there are town poor, the superin¬ 
tendents shall annually, and during the week preceding the an¬ 
nual meeting of the board of supervisors, make out a statement 
of all the expenses incurred by them the preceding year for the 
support of town poor, and of the moneys received therefor, ex¬ 
hibiting the deficiency, if any, in the funds provided for defraying 
such expenses, and they shall apportion the deficiency among the 
several towns in proportion to the number and expenses of the 
town poor of such towns respectively, who shall have been pro¬ 
vided for by the superintendents, and shall charge the towns with 
such proportion; which statement shall be by them delivered to the 
county treasurer. 

Poor Law, § 9. See Rochester v. Supr. of Monroe, 22 Barb. 248. 

§ 67. Tax levy on towns. — At the annual meeting of the board 
of supervisors, the county treasurer shall lay before them the ac¬ 
count kept by him; and if it shall appear that there is a balance 
against any town, the board shall add the same to the amount of 
taxes to be levied and collected upon such town, with the other 
contingent expenses thereof, together with such sum for interest 
as will reimburse and satisfy any advances that may be made, or 
that may have been made, by the coimty treasurer for such town, 
which moneys, when collected, shall be paid to the county treas¬ 
urer. 

Poor Law, § 10; 2 R. S. 2297. 


43 


Ch. ii. 


§§ 68, 69 SUPERINTENDENTS OF THE POOR. 

Expense of county poor, report to state board of charities. 

When there is a balance against any town then the board of supervisors 
shall add the same to the amount of taxes to be levied and collected upon 
that town. 

Rochester v. Supr. of Monroe, 22 Barb. 248. 

§ 68. Expense of county poor.— The superintendents of the 
poor shall annually present to the board of supervisors, at their 
annual meeting, an estimate of the sum which, in their opinion, 
will be necessary during the ensuing year for the support of the 
county poor; and such board of supervisors shall cause such sum 
as they may deem necessary for that purpose, to be assessed, levied 
and collected, in the same manner as other contingent expenses 
of the county, to be paid to the county treasurer and to be by him 
kept as a separate fund, distinct from the other funds of the 
county. 

Poor Law, § 11. 

This section is in accordance with the decision of 

Rochester v. Supr. of Monroe, 22 Barb. 248. 

The fund raised under the section is regarded as a distinct fund, separate 
from any personal or corporate liability of the superintendent. It is called 
the poorhouse fund. 

Hayes v. Symonds, 9 Barb. 260. 

§ 69. Superintendent's report to the State board of charities.— 

The superintendents of the poor of every county shall, on or before 
the first day of December in each year, make reports covering the 
year ending September thirtieth, to the State board of charities in 
such form as the board shall direct, showing the number of the 
town poor and of the county poor that have been relieved or sup¬ 
ported in their county the year preceding October first; the whole 
expense of such support, the amount paid for transportation of 
poor persons, and any other items not part of the actual expenses 
of maintaining the poor, and the allowance made to the superin¬ 
tendents, overseers, justices, keepers, matrons, officers and other 
employes of the superintendents; the actual value of the labor of 
the poor persons maintained, and the estimated amount saved in 
the expense of their support in consequence of their labor; the sex 
and native country of every such poor person, with the causes, 
either direct or indirect, which have operated to render such per^ 
sons poor, so far as the same can be ascertained; and shall include 
in such report a statement of the name and age of, and of the 
names and residence of the parents of, every poor child who has 
been placed by them in a family during the year, with the name 

44 


Ch. ii. 


SUPERINTENDENTS OE THE POOR. §§ 70, 71 

Temporary relief; penalty for false report. 

and residence of the family with whom every such child was 
placed, and the occupation of the head of the family, together 
with such other items of information in respect to their char¬ 
acter and condition as the state board of charities shall direct. 

Poor Law, § 12. 

§ 70. Supervisors and members of town boards may direct as to 
temporary or outdoor relief to the poor.— The board of supervisors 
of any county may make such rules and regulations as it may 
deem proper in regard to the manner of furnishing temporary 
or outdoor relief to the poor in the several towns in said county, 
and provided the board of supervisors shall have failed to make 
any such rules and regulations the tow r n board of any town 
may make such rules and regulations as it may deem proper in 
regard to furnishing temporary or outdoor relief to the poor in 
their respective towns, by the overseer or overseers of the poor 
thereof, and also in regard to the amount such overseer or over¬ 
seers of the poor may expend for the relief of each person or 
family, and after the board of supervisors of any county, or the 
town board of any town, shall have made such rules and regula¬ 
tions, it shall not he necessary for the overseers of the poor of 
the towns in said county, where such rules and regulations w 7 ere 
made by the board of supervisors, or if in a town by the said 
town board, to procure an order from the supervisor of the town, 
or the sanction of the superintendent of the poor to expend money 
for the relief of any person or family, unless the board of super¬ 
visors of such county or the town board of such tow T n shall so di¬ 
rect ; but this section shall not apply to the counties of New r York 
and Kings. 

Poor Law, § 13, as am’d by chap. 48, Laws of 1897. 

§ 71. Penalty for neglect or false report. — Any superintendent 
of the poor or other officer or person having been an officer, 
who shall neglect or refuse to render any account, statement or 
report required by this chapter, or shall willfully make any false 
report, or shall neglect to pay over any moneys within the time 
required by law, shall forfeit tw r o hundred dollars to the town 
or county of which he is or was an officer, and shall be liable to 
an action for all moneys which shall be in his hands after the 
time the same should have been paid over, with interest thereon at 
the rate of ten per centum per annum from the time the same 
should have been paid over. The State board of charities shall 

45 


§§ 72-74 SUPEK1N TEN DENTS OF THE POOF. 


Ch. ii. 


Powers, neglect of duty, unlawful removal. 

give notice to the district attorney of the county of every neglect 
to make the report required to be made to that board, and every 
officer or board to whom any such account, statement, report or 
payment should have been made, shall give notice to such district 
attorney of every neglect or failure to make the same; and such 
district attorney shall, on receiving such notice or in any way re¬ 
ceiving satisfactory evidence of such default, prosecute for the re¬ 
covery of such penalties or moneys in the name of the town or 
county entitled thereto, and the sum recovered, if for the benefit 
of the town, shall be paid to the overseer of the poor thereof, and 
if for the benefit of the county, shall be paid into the county 
treasury, to be expended by the overseer or superintendent of the 
poor for the support of the poor of such town or county. 

Poor Law, § 14. 

§ 72. Powers of superintendents of poor. — In those counties 
where all the poor are a charge upon the county, the superin¬ 
tendents of the poor are vested with the same powers, as are 
given by this title to the overseers of the poor of a town, in 
respect to compelling relatives to maintain poor persons, and in 
respect to the seizure of the property of a parent absconding and 
abandoning his family; and are entitled to the same remedies in 
their names, and must perform the duties required by this title, 

of overseers, and are subject to the same obligations and control. 

Code Crim. Proc., § 926. 

§ 73. Neglect of duty by superintendent or overseer of the 
poor. —The county superintendents of the poor, or any overseer 
of the poor, whose duty it shall be to provide for the support 
of any bastard and the sustenance of its mother, who shall neglect 
to perform such duty, shall be guilty of a misdemeanor, and 
shall, on conviction, be liable to a fine of two hundred and fifty 
dollars, or to imprisonment not exceeding one year, or by both such 
fine and imprisonment. 

Penal Code, § 117b. 

§ 74. Unlawful removal of poor person.— Any person who 
shall send, remove, or entice to remove, bring, or cause to be sent, 
removed or brought, any poor or indigent person from any city, 
town or county, to any other city, town or county without legal 
authority, and there leave such person for the purpose of avoiding 
the charge of such poor or indigent person upon the city, town or 

46 


Ch. ii. 


SUPERINTENDENTS OF THE POOR. §§ 75, 76 


Convict-made goods; prisoners employed. 

county from which he is so sent, removed, or brought or enticed to 
remove, shall be guilty of a misdemeanor, and, on conviction, shall 
be imprisoned not exceeding six months, on fined not exceeding 
one hundred dollars, or both. 

Penal Code, § 675a. 

§ 75. Convict-made goods.— The said commission shall have 
the further duty and authority to require the proper officials of 
the State and the political divisions thereof, and of all public 
institutions of the State, and political divisions thereof, supported 
wholly or in part by the State, or any political division thereof, 
to furnish to said commission, annually, estimates for each ensu¬ 
ing year of the amount of labor to be required by each, and of the 
articles which may be manufactured in penal institutions, required 
to be purchased for the use of the State or the political divisions, 
or said institutions in their charge or under their management. 

Laws 1895, chap. 1026, § 7a, as added by chap. 430, Laws 1896. 

§ 76. Limitation of number of prisoners to be employed.— 

The superintendent of State prisons, and the superintendents of 
reformatories and penitentiaries, respectively, are authorized and 
directed to cause to be manufactured by the convicts in the prisons, 
reformatories and penitentiaries, such articles as are needed and 
used therein, and also such as are required by the State or 
political divisions thereof, and in the buildings, offices and public 
institutions owned or managed and controlled by the State, in¬ 
cluding articles and materials to be used in the erection of the 
buildings. All such articles manufactured in the State prisons, 
reformatories and penitentiaries, and not required for use there¬ 
in, may be furnished to the State, or to any political division 
thereof, or for or to any public institution owned or managed and 
controlled by the State, or any political divisions thereof, and of 
the institutions of the State, or and determined as hereinafter 
provided, upon the requisitions of the proper officials, trustees or 
managers thereof. No articles so manufactured shall be pur¬ 
chased from any other source, for the State or public institutions 
of the State, or the political divisions thereof, unless said State 
commission of prisons shall certify that the same cannot he fur¬ 
nished upon such requisition, and no claim therefor shall be 
audited or paid without such certificate. 

Laws 1847, chap. 460, § 105, as am’d by Laws 1889, chap. 382, Laws 
1896, chap. 429. 


§§ 77, 78 SUPERINTENDENTS OF THE POOR. Ch. ii. 

Prisoners to manufacture certain articles, etc. 

§ 77. Prisoners to manufacture certain articles. — On or be¬ 
fore October first in each year, the proper officials of the State, 
and the political divisions thereof, and of the institutions of the 
State, or political divisions thereof, shall report to the said com¬ 
mission of prisons estimates for the ensuing year of the amount 
of supplies of different kinds required to be purchased by them 
that can be furnished by the penal institutions in the State. The 
said commission is authorized to make regulations for said re¬ 
ports, to provide for the manner in which requisitions shall be 
made for supplies, and to provide for the proper diversification of 
the industries in said penal institutions. 

Laws 1847, chap. 460, § 106, as am’d by Laws 1889, chap. 382, Laws 

1896, chap. 429. 

§ 78. Price of same, how determined.— The comptroller, the 
State commission of prisons and the superintendent of State pris¬ 
ons and the lunacy commission are hereby constituted a board to 
be known as the board of classification. Said board shall fix and 
determine the prices at which all labor performed, and all articles 
manufactured and furnished to the State, or the political divisions 
thereof, or to the public institutions thereof, shall be furnished, 
which prices shall be uniform to all, except that the prices for 
goods or labor furnished by the penitentiaries to or for the county 
in which they are located, or the political divisions thereof, shall 
be fixed by the board of supervisors of such counties, except New 
York and Kings counties, in which the prices shall be fixed by the 
commissioners of charities and correction, respectively. The 
prices shall be as near the usual market price for such labor and 
supplies as possible. The State commission of prisons shall de¬ 
vise and furnish to all such institutions a proper form for such 
requisition and the comptroller shall devise and furnish a proper 
system of accounts to be kept for all such transactions. It shall 
also be the duty of the board of classification to classify the 
buildings, offices and institutions owned or managed and con¬ 
trolled by the State, and it shall fix and determine the styles, 
patterns, designs and qualities of the articles to be manufactured 
for such buildings, offices and public institutions in the penal 
institutions in this State. So far as practicable, all supplies used 
in such buildings, offices and public institutions shall be uniform 
for each class, and of the styles, patterns, designs and qualities 
that can be manufactured in the penal institutions in this State. 

Laws 1847, chap. 460, § 107, as am’d by Laws 1889, chap. 382- Laws of 

1897, chap. 623. ’ 


48 


Ch. ii. 


SUPERINTENDENTS OF THE POOR. §§ 79, 80 


Fines, contract labor prohibited. 

§ 79. Fines upon prisoners. — All moneys received for fines 
imposed under this act by the superintendents of penitentiaries, 
shall be credited to a general fund and be disbursed by direction 
of the board of supervisors of the counties in which they are 
located except that in New York and Kings counties, they are 
disbursed by direction of the commissioners of charities and cor¬ 
rections. 

Laws 1847, chap. 460, § 109, as am’d by Laws 1889, chap. 382; Laws 
1896, chap. 429. 

§ 80. Contracts for prisoners’ labor prohibited. — The super¬ 
intendent of State prisons shall not, nor shall any other authority 
whatsoever, make any contract by which the labor or time of any 
prisoner in any State prison, reformatory, penitentiary or jail 
in this State, or the product or profit of his work, shall be con¬ 
tracted, let, farmed out, given or sold to any person, firm, associa¬ 
tion or corporation; except that the convicts in said penal in¬ 
stitutions may work for, and the products of their labor may 
be disposed of, to the State or any political division thereof, or 
for or to any public institution owned or managed and controlled 
by the State, or any political division thereof. 

Laws 1847, chap. 460, § 97, as am’d by Laws 1889, chap. 382; Laws 

1896, chap. 429. 


4 


49 


CHAPTER THREE 


STATE POOR 

§81. Who are. §87. Contract for support, 

§82. Location state almshouses. §88. Expenses of Indian poor. 

§83. How conveyed. §89. Duty of keepers. 

§84. Punishment. §90. Investigations. 

§85. Expenses of support. §91a to §91w. Almshouses and Mis- 

§86. Indian poor. cellaneous Provisions. 

§ 81. Who are State poor, and how relieved.— Any poor per¬ 
son who shall not have resided sixty days in any county in this 
State within one year preceding the time of an application by 
him for aid to any superintendent or overseer of the poor, or 
other officer charged with the support and relief of poor persons, 
shall be deemed to he a State poor person, and shall he maintained 
as in this article provided. The State board of charities shall, 
from time to time, on behalf of the State, contract for such time, 
and on such terms as it may deem proper, with the authorities of 
not more than fifteen counties or cities of this State, for the 
reception and support, in the almshouses of such counties or 
cities respectively, of such poor persons as may be committed there¬ 
to. Such board may establish rules and regulations for the 
discipline, employment, treatment and care of such poor persons, 
and for their discharge. Every such contract shall be in writ¬ 
ing and filed in the office of such board. Such almshouses, while 
used for the purposes of this article, shall be appropriately desig¬ 
nated by such board and known as State almshouses. Such board 
may, from time to time, direct the transfer of any such poor per¬ 
son from one almshouse to another and may give notice from 
time to time to counties, to which almshouses they shall send 
poor persons. 

Poor Law, § 90. 

§ 82. Notice to be given to county clerks of location of State 
almshouses.—Such board shall give notice to the county clerks 
of the several counties of the location of each of such almshouses, 
who thereupon shall cause such notice to be duly promulgated to 
the superintendents and overseers of the poor, and other officers 

50 


Ch. iii. 


STATE TOOK. §§ 83, 84 

Conveyed to state almshouses, punishment for leaving. 

charged with the support and relief of poor persons in theii; 
respective counties. A circular from the superintendent of State 
and alien poor appointed by such board shall accompany such 
notice, giving all necessary information respecting the commit¬ 
ment, support and care of the State poor in such almshouses, 
according to the provisions of this article. 

Poor Law, § 91. 

§ 83. State poor to be conveyed to State almshouses.— County 
superintendents of the poor, or officers exercising like powers, 
on satisfactory proof being made that the person so applying for 
relief as a State poor person, as defined by this chapter, is such 
poor person, shall, by a warrant issued to any proper person or 
officer, cause such person, if not a child under sixteen years of age, 
to be conveyed to the nearest State almshouse, where he shall 
be maintained until duly discharged, but a child under two years 
of age may be sent with its mother, who is a State poor person, 
to such State almshouse, but not longer than until it is two 
years of age. All testimony taken in any such proceeding shall 
be forwarded, within five days thereafter, to the superintendent 
of State and alien poor, and a verified statement of the expenses 
incurred by the person in making such removal, shall be sent 
to such superintendent. Such board shall examine and audit the 
same, and allow the whole, or such parts thereof as have been 
actually and necessarily incurred; provided that no allowance 
shall be made to any person for his time or service in making 
such removal. All such accounts for expense, when so audited 
and allowed, shall be paid by the State treasurer, on the warrant 
of the comptroller to the person incurring the same. 

Poor Law. § 92. 

§ 84. Punishment for leaving almshouse.— An inmate of a 
State almshouse, who shall leave the same without being duly dis¬ 
charged, and within one year thereafter is found in any city or 
town of this State soliciting public or private aid, shall be pun¬ 
ished by confinement in the county jail of the county in which 
he is so found, or in any workhouse of this State in such county, 
for a term not exceeding three months, by any court of com¬ 
petent jurisdiction; and it shall be the duty of every superintend¬ 
ent and overseer of the poor and other officers charged with the 
support and relief of poor persons, to cause, as far as may be, 
the provisions of this section to be enforced. 

Poor Law, § 93. 


51 


§§ 85 , 86 


STATE POOR. 


Ch. iii. 


Expense, Indian poor, etc. 

§ 85. Expenses for support. — The expenses for the support, 
treatment and care of all poor persons who shall be sent as State 
poor to such almshouses, shall be paid quarterly, on the first day 
of January, April, July and October in each year, to the treasurer 
of the county, or proper officers incurring the same, by the 
treasurer of the State, on the warrant of the comptroller; but 
no such expenses shall be paid to any county or city, until an 
account of the number of persons thus supported, and the time 
that each shall have been respectively maintained, shall have 
been rendered in due form and approved by the State board of 
charities. 

Poor Law, § 94. 

§ 86. Indian poor persons — Removal to county almshouses,— 

Every Indian residing within this State or upon any of the 
Indian reservations of this State, who is a poor person within 
the meaning of this chapter, shall be maintained as provided in 
this article. Upon application being made by such Indian poor 
person to the superintendent of the poor of the county where 
such Indian resides, or to any other officer charged with the 
support and relief of the poor, and on satisfactory proof being 
made that such Indian is a poor person as defined in this chapter, 
such superintendent or other officer shall, by warrant, cause such 
Indian to be conveyed to the almshouse of the county where such 
Indian resides, where he shall be maintained at State expense. 
Immediately upon the removal of such Indian who is a poor 
person to such almshouse, all testimony taken and all facts re¬ 
lating thereto, together with a verified statement of the expenses 
incurred in making such removal, shall be transmitted to the 
State board of charities. Such board shall examine all matters 
relating thereto, and if satisfied that such removal was proper, and 
that the expenses thereof were actually and necessarily incurred, 
shall audit and allow the amount of such expenses, which when 
so audited and allowed shall be paid by the State treasurer, on 
the warrant of the comptroller, to the person incurring the 
same. 

If, however, it shall appear to the satisfaction of such superin¬ 
tendent that the Indian poor person making application for relief 
is in such physical condition as to make it improper to remove 
him to the almshouse, the superintendent may, subject to such 
rules and regulations as may be prescribed by the State board 

52 


Ch. hi. STATE POOR. §§ 87-89 

Support of Indian poor. 

of charities, provide for the care and support of such Indian 
poor person, without removing him to the almshouse, and the 
expenses incurred in such care and support shall he paid by the 
State treasurer on the warrant of the comptroller, upon the 
order and allowance thereof by the State hoard of charities 

as in cases of support of Indian poor persons in almshouses. 

Poor Law, § 101. 

§ 87. Contracts for support of Indian poor persons.— The 

State board of charities shall from time to time, on behalf of the 
State, contract with the proper officers of the county within which 
such Indians who are poor persons reside, on such terms and for 
such times as it may deem proper, for the reception and support 
in the almshouse of such counties of such Indians who are poor 
persons as may be committed thereto. Such board may establish 
rules and regulations for the discipline, treatment and care of such 
Indians and provide for their discharge. Every such contract 
shall be in writing and filed in the office of such board. 

Poor Law, § 102. 

§ 88. Expenses for support of Indian poor persons.— The ex¬ 
penses for the support, treatment and care of all Indians who 
are poor persons and shall be sent to such county almshouse 
pursuant to this chapter, shall be paid quarterly on the first day of 
January, April, July and October in each year, to the treasurer 
of the county wherein such Indians are supported by the State 
treasurer, on the warrant of the comptroller, but no such expenses 
shall be paid until an account of the number of Indians thus 
supported, and the time that each shall have been respectively 
maintained shall have been rendered in due form and approved by 
the State board of charities. 

Poor Law, § 103. 

§ 89. Duty of keepers — Superintendent of State and alien 
poor to keep record.—The keeper or principal officer in charge of 
such almshouse shall enter the names of all Indians committed 
thereto, with such particulars in relation thereto as the State 
board of charities may prescribe. Immediately upon the admis¬ 
sion'of any such Indian, such keeper or principal officer shall 
transmit by mail the names of such Indians, with the particulars 
hereinbefore mentioned, to the superintendent of State and alien 
poor; and notice of the death, discharge or absconding of any 

53 


STATE POOH. 


Cfi. in. 


§ 90 


Investigations by board. 

such Indian shall in like manner be transmitted to such superin¬ 
tendent. Such superintendent shall cause the names of such 
Indians in such county almshouse to be entered in a book 
to be kept for that purpose in the office of such board, and he 
shall verify the correctness thereof by comparison with the books 
kept in the almshouse by personal examination of such Indians 
or in such other manner as the board may direct; and he shall 
furnish the board in tabulated statements, annually on or before 
the second Tuesday in January, the number of Indians main¬ 
tained in all such county almshouses during the preceding year, 
the number discharged, bound out, removed from the State, and 
the number who died or left without permission during the year, 
with such other information as the board may require. 

Poor Law, § 104. 

§ 90. Investigations by board or committee — Orders thereon. 

—The board may, by order, direct, an investigation by a committee 
of one or more of its members, of the officers and managers of 
any almshouse, or of the conduct of its officers and employes; and 
the commissioner or commissioners 'so designated to make such 
investigation may issue compulsory process for the attendance of 
witnesses and the production of books and papers, administer 
oaths, examine persons under oath, and exercise the same powers 
in respect to such proceeding as belong to referees appointed by 
the supreme court. 

If it shall appear, after such investigation, that the inmates 
of the almshouse are cruelly, negligently or improperly treated, 
or inadequate provision is made for their sustenance, clothing, 
care and supervision, or other condition necessary to their com¬ 
fort and well being, such board may issue an order in the name 
of the people, and under its official seal, directed to the proper 
officer of such almshouse, requiring him to modify such treat¬ 
ment or apply such remedy, or both, as shall therein be specified. 
Before such order is issued it must be approved by a justice 
of the supreme court, after such notice as he may prescribe, 
and an opportunity to be heard thereon, and any person to 
whom such an order is directed who shall willfully refuse to 
obey the same shall, upon conviction, be deemed guilty of a 
misdemeanor. 

Poor Law, § 117. 


54 


Cn. hi. 


STATE POOR. 


§§ 9la-9Id 


Almshouse construction, etc. 

§ 91a. Almshouse construction and administration.— Xo alms¬ 
house shall be built or constructed, in whole or in part, except 
on plans and designs approved in writing by the State board 
of charities. It shall be the duty of such board to call the at¬ 
tention, in writing or otherwise, of the board of supervisors and 
the superintendent of the poor, or other proper officer, in any 
county, of any abuses, defects or evils, which, on inspection, it 
may find in the almshouse of such county, or in the administration 
thereof, and such county officer shall take proper action thereon, 
with a view to proper remedies, in accordance with the advice 
of such board. 

Poor Law, § 118. 

§ 91b. Shelter for unprotected girls.— The law* authorized the 
commitment of girls by the magistrate in the districts named to 
an institution organized for the care for and maintenance of un¬ 
protected girls. 

Laws 1881, chap. 278, § 1. 

§ 91c. Expense thereat.— Each board of supervisors of the 
several counties within the fifth, sixth, seventh and eighth ju¬ 
dicial districts of this State, is hereby authorized and directed 
to audit the bills for boarding any inmate of said institution 
received therein, from the county of such board, by virtue of 
any of the provisions of section one of this act, at such prices 
as such board of supervisors may deem just and reasonable, and 
the bills so audited shall be paid by the county treasurer of such 
county. When any such bill is so audited and paid, it shall be 
apportioned by said board among the various cities and towns 
in such county as such board shall deem equitable, and the amount 
so apportioned to any city or town shall be reimbursed by such 
city or town to such county. 

Laws 1881, chap. 278, § 8, as am’d by chap. 53, Laws of 1893. 

§ 91d. Epileptics — Designation and admission of patients.— 

There shall be received and gratuitously supported in the colony, 
epileptics residing in the State, who, if of age, are unable, or, if 
under age, whose parents or guardians are unable to provide for 
their support therein; and who shall be designated as State pa¬ 
tients. Such additional number of epileptics as can be conven¬ 
iently accommodated shall be received into the colony by the man¬ 
agers on such terms as shall be just, and shall be designated as pri- 

55 


§ 9ld 


STATE POOR. 


Ch. hi. 


Epileptics. 

vate patients. Epileptic children shall be received into the colony 
only upon the written request of the persons desiring to send them, 
stating the name, age, place of nativity, if known, the town, city or 
county in which such children respectively reside, and the ability 
of their respective parents, or guardians or others to provide for 
their support in whole or in part, and if in part only, stating what 
part; and stating also the degree of relationship or other circum¬ 
stances of connection between the patients and the persons re¬ 
questing their admission; which statement in all cases of State pa¬ 
tients must be verified by the affidavits of the petitioners and of 
two disinterested persons, and accompanied by the opinion of a 
qualified physician, all residents of the same county with the epi¬ 
leptic patient, and acquainted with the facts and circumstances 
or surrogate of the county; and such judge or surrogate must also 
stated, and who must be certified to be credible by the county judge 
certify, in each case, that such State patient, in his opinion, 
is an eligible and proper candidate for admission to the colony. 
State patients may also be received into the colony upon the 
official application of a county superintendent of the poor, or 
of the poor authorities of any city. It shall be the duty of the 
superintendent of the poor in every county and of the poor authori¬ 
ties of every city to furnish annually to the State board of chari¬ 
ties, a list of all epileptics in their respective jurisdictions, so far 
as the same can be ascertained, with such particulars as to the 
condition of each epileptic as shall be prescribed by the said State 
board. Whenever an epileptic shall become a charge for his or her 
maintenance on any of the towns, cities or counties of this State, it 
shall be the duty of all poor authorities of such city, and of the 
county, to place such epileptic in the said colony. Any parent, 
guardian or friend of an epileptic child within this State may 
make application to the poor authorities of any city, or the super¬ 
intendent of the poor of any county, or the board of supervisors 
or any supervisor of any town, ward or city where such child re¬ 
sides, showing by satisfactory affidavit or other proof that the 
health, morals, comfort or welfare of such child may be en¬ 
dangered or not properly cared for if not placed in such colony; 
and thereupon it shall be the duty of such officer or board to whom 
such application may be made to place such child in said colony. 
The board of supervisors shall provide for the support of such 
patients, except those properly supported by the State, and may 
recover for the same from the parents or guardians of such chil- 

56 


Ch. hi. 


STATE POOR. 

(State charitable institutions; report. 


§§ 91e-91g 


aren. In the admission of patients preference shall always be 
given to poor or indigent epileptics, or the epileptic children of 
poor or indigent persons, over all others; and preference 
shall always be given to such as are able to support themselves 
only in part, or who have parents able to support them only in 
part, over those who are able or who have parents who are able 
wholly to furnish such support. 

State Charities Law, § 109; 3 It. S. 2847. 

§ 91e. State charitable institutions.— The term State chari- 
itable institutions, when used in this chapter, shall include all 
institutions of a charitable, eleemosynary, correctional or reforma¬ 
tory character, supported in whole or in part by the State, except 
institutions for the instruction of the deaf and dumb and the 
blind, and such institutions which, by section eleven, article eight 
of the Constitution, are made subject to the visitation and in¬ 
spection of the comUiission in lunacy or the prison commission, 
whether managed or controlled by the State or by private corpora¬ 
tions, societies or asociations. 

State Charities Law, § 2. 

§ 91f. Definition.— Each of the asylums, reformatories, 
homes, retreats, penitentiaries, jails, or other institution of this 
State, in which the board, instruction, care or clothing of persons 
committed thereto is, or shall be a charge against any county of 
this State, or town therein, shall be known for the purposes of 
this act as one of the State benevolent institutions of the State. 

Laws of 1880, chap. 347, § 1. 

§ 91g. Report of persons making commitment.— It shall be 
the duty of every judge, justice, superintendent of the poor, over¬ 
seer of the poor, supervisor, or other person, who by law is author¬ 
ized to make commitments or appointments to any of the State 
benevolent institutions of the State, to make a report in writing to 
the clerk of the board of supervisors of the county so liable, or of 
the county in which any town is so liable for the board, instruction, 
care, or clothing mentioned in section one of this act; said report 
shall be made within ten days after making such commitment or 
appointment, and shall show, when known, the nationality, age, 
sex, and residence of each person so appointed or committed, and 
the length of time of such appointment or commitment. 

Laws 1880, chap. 347, § 2. 


57 


§§ 91h-91j 


STATE POOH. 


Ch. hi. 


Report of keeper of state charitable institution. 

§ 91h. Same, of keeper, etc. — It shall be the duty of the keep¬ 
er, superintendent, warden, secretary, director, or other proper 
officer of each of the State benevolent institutions of the State, 
within ten days after receiving any person into any of the insti¬ 
tutions mentioned in section one of this act, whose board, care, 
instruction, tuition, or clothing shall be chargeable to any town 
or county, to make a report in writing to the clerk of the board 
of supervisors of the county so liable, or of which any town is so 
liable. Such report shall show when such persons were received 
into said institution and when known, the name, age, sex, nation¬ 
ality, residence, length of time of commitment or appointment, 
the name of the officer making such commitment or appointment 
and the sum chargeable per week, month or year for such person. 

Laws 1880, chap. 347, § 3. 

§ 91i, Same, in case of death, etc.— In case of the death, re¬ 
moval or discharge of any person committed or appointed to any 
of the institutions mentioned in this act it shall be the duty of the 
officers mentioned in section three of this act, to immediately re¬ 
port to the clerk of the board of supervisors of the respective 
county the date of such death, removal or discharge. 

Laws 1880, chap. 347, § 4. 

§ 91 j. Keeper, etc., to present annual account and report.— 

it shall be the duty of the officers mentioned in section three of 
this act, annually, on or before the fifth day of October, to present 
to the clerk of the board of supervisors of the county liable for 
the board, instruction, care or clothing mentioned in this act, or of 
the county in which any town is so liable, a sworn statement of the 
account of such institution, with such county or town, up to the 
first day of said October, and in case of a claim for clothing, an 
itemized statement of the same, and in case any part of the board, 
care, tuition, or clothing has been paid by any person or persons, 
the account will show what sum has been so paid, and accompany¬ 
ing such account shall be a report showing the name, age, sex, 
nationality and residence of each person mentioned in the account, 
the name of the officer who made the commitment or appointment, 
the date and length of commitment or appointment, the time to 
which the account has been paid, and the amount claimed to the 
first day of said October, the sum per week or per annum charged, 


58 


On. hi. 


STATE POO IT 


§ 91k-91m 


Neglect to make report, etc., powers of board. 

and if no part of such account has been paid by any person or 
persons, the report shall show such fact, duly verified. 

Laws 1880, chap. 347, § 5. 

§ 91k. Neglect to make same. — Any officer mentioned in this 
act, who shall refuse or neglect to make the reports required by 
this act shall not be entitled to receive any compensation or pay 
for any services, salary or otherwise, from any town or county to 
which he is required to make such report. 

Laws 1880, chap. 347, § 6. 

§ 911. Filing and presenting same to supervisors. — The clerk 
of the board of supervisors who shall receive any report or ac¬ 
count in pursuance of the provisions of this act shall carefully file 
the same and present the same to the respective boards of supervis¬ 
ors on the second day of the annual meeting of the board next 
succeeding the receipt of the same. 

Laws 1880, chap. 347, § 7; 3 R. S. 2828. 

Poor houses of the several counties of the state and Kings county are ex¬ 
cepted for this act. 

Id., §§ 8, 9. 

§ 91m. General powers and duties of board. — The State board 
of charities shall visit, inspect and maintain a general supervision 
of all institutions, societies or associations which are of a charita¬ 
ble, eleemosynary, correctional or reformatory character, whether 
State or municipal, incorporated or not incorporated, which are 
made subject to its supervision by the constitution or by law; and 
shall, 

1. Aid in securing the just, humane and economic administra¬ 
tion of all institutions subject to its supervision. 

2. Advise the officers of such institutions in the performance of 
their official duties. 

3. Aid in securing the erection of suitable buildings for the 
accommodation of the inmates of such institutions aforesaid. 

4. Approve or disapprove the organization and incorporation 
of all institutions of a charitable, eleemosynary, correctional or 
reformatory character which are or shall be subject to the super¬ 
vision and inspection of the board. 

5. Investigate the management of all institutions made subject 
to the supervision of the board, and the conduct and efficiency of 
the officers or persons charged with their management, and the care 

59 


91o 


STATE POOR. 


Ch. hi. 


Support of inmates of institutions. 

and relief of the inmates of such institution therein or in transit. 

6. Aid in securing the best sanitary condition of the buildings 
and grounds of all such institutions, and advise measures for the 
protection and preservation of the health of the inmates. 

7. Aid in securing the establishment and maintenance of such 
industrial, educational and moral training in institutions having 
the care of children as is best suited to the needs of the inmates. 

8. Establish rules for the reception and retention of inmates 
of all institutions which, by section fourteen of article eight of 
the constitution, are subject to its supervision. 

9. Investigate the condition of the poor seeking public aid and 
advise measures for their relief. 

State Charities Law, § 9. 

10. Administer the laws providing for the care, support and 
removal of state and alien poor and the support of Indian poor 
persons. 

11. Collect statistical information in respect to the property, 
receipts and expenditures of all institutions, societies and asso¬ 
ciations subject to its supervision, and the number and condition 
of the inmates thereof, and of the poor receiving public relief. 

A corporation organized under Laws 1875, chap. 130, which takes legal 
measures to prevent cruelty to children and to enforce the law with regard to 
them, also feed, cloth and assist them, as well as destitute families, and fur¬ 
nish medical aid, doing the latter work with funds supplied in part by public 
moneys, is deemed a “ charitable ” institution, and is subject to visitation by 
the state board. 

People ex rel. State Board v. N. Y. S. P. 0. C. C., 25 Misc. 53. 

As to the branch of preventing cruelty to children the state board has no 
jurisdiction. 

Id. 

§ 91o. Payments for support, etc., of inmates of institutions.— 

Boards of estimate and apportionment, common councils, boards 
of aldermen, boards of supervisors, town boards, boards of trustees 
of villages, and all other boards or officers of counties, cities, towns 
and villages, authorized to appropriate and raise money by taxa¬ 
tion and make payments therefrom, are hereby authorized in 
their discretion, to appropriate and to raise money by taxation 
and to make payments from said moneys, and from any moneys 
received from any other source and properly applicable thereto, to 
charitable, eleemosynary, correctional and reformatory institu¬ 
tions wholly or partly under private control, for the care, support 
and maintenance of their inmates, of the moneys which are or 

60 


Ch. hi. 


STATE POOR. 


§§ 91p, 91q 


Reports. 

may be appropriated therefor; such payments to be made only 
for such inmates as are received and retained therein pursuant to 
rules established by the state board of charities; except that boards 
of trustees of villages and town boards of towns in which there is 
no hospital located, and which are situated upon and adjoin the 
boundary line of a neighboring state, are hereby authorized in 
their discretion to appropriate and to raise money by taxation and 
to make payments from said moneys, and from any moneys re¬ 
ceived from any other source and properly applicable thereto, to 
hospitals in such adjoining state for the purpose of maintaining 
a bed or beds in such hospital for the benefit of and to be used 
exclusively by the inhabitants of such village or town. Boards of 
trustees of villages and town boards of towns situate upon the 
boundary line of a neighboring state, which have appropriated and 
raised money by taxation for the purpose of maintaining a bed or 
beds in a hospital in such adjoining state and have not paid the 
same are hereby authorized to use said money for the purpose for 
which it was appropriated and raised. Payments to such hospital 
in an adjoining state shall be made only for such inmates as are 
received and retained therein pursuant to rules established by the 
state board of charities. 

Laws 1895, chap. 754, § 1, as am’d by Laws 1902, chap. 155. 

§ 91p. Reports to supervisors of appointments and committals 
to charitable institutions.—Every judge, justice, superintendent or 
overseer of the poor, supervisor or other person who is authorized 
by law to make appointments or commitments to any state chari¬ 
table institution, except almshouses, in which the board, instruc¬ 
tion, care or clothing is a charge against any county, town or city, 
shall make a written report to the clerk of the board of supervisors 
of the county, or of the county in which any town is situated, or 
to the city clerk of any city, which are liable for any such board, 
instruction, care or clothing, within ten days after such appoint¬ 
ment or commitment, and shall therein state, when known, the 
nationality, age, sex and residence of each person so appointed or 
committed and the length of time of such appointment or commit¬ 
ment. 

.. State Charities Law, § 45. 

§ 91q. Reports by officers of certain institutions to clerks of 
supervisors and cities.—The keeper, superintendent, secretary, 
director or other proper officer of a state charitable institution to 

61 


§ 91r 


STATE TOOK. 


Ch. hi. 


Accounts. 

which any person is committed or appointed, whose board, care, 
instruction, tuition or clothing shall be chargeable to any city, 
town or county, shall make a written report to the clerk of such 
city or to the clerk of the board of supervisors of the county, or 
of the county in which such town is situated, within ten days after 
receiving such person therein. Such report shall state when such 
person was received into the institution, and, when known, the 
name, age, sex, nationality, residence, length of time of commit¬ 
ment or appointment, the name of the officer making the same, 
and the sum chargeable per week, month or year for such person. 
If any person so appointed or committed to any such institution 
shall die, be removed or discharged, such officers shall immediately 
report to the clerk of the board of supervisors of the county, or of 
the county in which such town is situated, or to the city clerk of 
the city from which such person was committed or appointed, the 
date of such death, removal or discharge. 

State Charities Law, § 46. 

§ 91r. Verified accounts against counties, cities and towns.— 

The officers mentioned in the last section shall annually, on or be¬ 
fore the fifteenth day of October, present to the clerk of the board 
of supervisors of the county, or of the county in which such town is 
situated, or to the city clerk of a city from which any such person 
is committed and appointed, a verified report and statement of the 
account of such institution with such county, town or city, up to the 
first day of October, and in case of a claim for clothing, an item¬ 
ized statement of the same; and if a part of the hoard, care, tui¬ 
tion or clothing has been paid by any person or persons, the ac¬ 
count shall show what sum has been so paid; and the report shall 
show the name, age, sex, nationality and residence of each person 
mentioned in the account, the name of the officer who made the 
appointment or commitment, and the date and length of the same, 
and the time to which the account has been paid, and the amount 
claimed to such first day of October, the sum per week or per 
annum charged, and if no part of such account has been paid, the 
report shall show such fact. Any officer who shall refuse or neg¬ 
lect to make such report shall not be entitled to receive any com¬ 
pensation or pay for any services, salary or otherwise, from any 
town, city or county affected thereby. The clerk of the board of 
supervisors who shall receive any such report or account shall file 
and present the same to the board of supervisors of his county 

62 


Ch. hi. 


STATE POOR. 


§§ 91s, 9It 


Feeble-minded children. 

on the second day of the annual meeting of the board next after 
the receipt of the same. 

State Charities Law, § 47. 

§ 91s. Feeble-minded children and manner of receiving pupils. 

—There shall be received and gratuitously supported in the insti¬ 
tution one hundred and twenty feeble-minded children, as State 
pupils, who shall be selected from those whose parents or guardians 
are unable to provide for their support, in equal numbers as far 
as may be, from each judicial district. Such additional number 
of feeble-minded children as can be conveniently accommodated 
shall be received into the institution on such terms as shall be just. 
If the number of feeble-minded children admitted shall not equal 
the capacity of the institution, such additional number of non- 
teachable idiots may be admitted as can be conveniently accom¬ 
modated. Feeble-minded children shall be received into the in¬ 
stitution upon the written request of the person by whom they are 
sent, stating the name in full, age, place of nativity, if known, 
the town, city or county in which each resides, and whether such 
child, his parents or guardian, are able to provide for his sup¬ 
port, in whole or in part, and if in part only what part, the de¬ 
gree of relationship or other circumstances of connection between 
him and the person requesting his admission, which statement 
must be verified by the affidavit of two disinterested persons, 
residents of the same county as the child and acquainted with 
the facts and circumstances stated, and certified to be credible 
by the county judge of the county. Such judge must also fur¬ 
ther certify that such child is an eligible and proper candidate 
for admission to such institution. Feeble-minded children may 
also be received into such institution upon the official application 
of a county superintendent of the poor, or the commissioners of 
charity of a city of the State having such officers. In the admis¬ 
sion of feeble-minded children, preference shall be given to poor 
or indigent children over all others, and to such as are able or 
have parents able to support them only in part, over those who are 
or have parents who are able to wholly support such children. 

State Charities Law, § 68; 3 R. S. 2839. 

§* 9it. Discharge of State pupils and payment of expenses.— 

When the manager shall direct a State pupil to be discharged from 
the institution, the superintendent thereof may return him to the 
county from which he was sent, and deliver him to the keeper of 

63 


§ 9lu 


STATE TOOK. 


Ch. hi. 


Expense of clothing state pupils. 

the almshouse thereof, and the superintendent of the poor of the 
county shall audit and pay the actual and reasonable expenses of 
such return. If any town, county or person is legally liable for 
the support of such pupil, such expenses may be recovered by ac¬ 
tion in the name of the county by such superintendent of the poor. 
If the superintendent of the poor neglect or refuse to pay such ex¬ 
penses on demand, the treasurer of the institution may pay the 
same and charge the amount to the county; and the treasurer of 
the county shall pay the same with interest after thirty days, out 
of any funds in his hands not otherwise appropriated; and the 
supervisors shall raise the amount so paid as other county charges. 

State Charities Law, § 69; 3 R. S. 2840. 

§ 9lu. Expense of clothing State pupils.— The supervisors of 
any county from which State pupils may have been received 
shall cause to be raised annually, while such pupils remain in the 
institution, the sum of thirty dollars for each pupil, for the pur¬ 
pose of furnishing suitable clothing, which shall be paid to the 
treasurer of the institution on or before the first day of April. 
The superintendent may agree with the parent, guardian or com¬ 
mittee of a feeble-minded child, or with any person, for the sup¬ 
port, maintenance and clothing of such a child at the institution, 
upon such terms and conditions as may be prescribed, by the by¬ 
laws, or approved by the managers. Every parent, guardian, 
committee, or other person applying for the admission into the 
institution of a feeble-minded child who is able, or whose parents 
or guardians are of sufficient ability to provide for his mainte¬ 
nance therein, shall at the time of his admission, deliver to the 
superintendent an undertaking, with one or more sureties, to be 
approved by the managers, conditioned for the payment to the 
treasurer of the institution of the amount agreed to be paid for 
the support, maintenance and clothing of such feeble-minded child, 
and for the removal of such child from the institution without 
expense thereto, within twenty days after the service of the notice 
hereinafter provided. If such child, his parents or guardians are 
of sufficient ability to pay only a part of the expense of support¬ 
ing and maintaining him, such undertaking shall be only for 
his removal from the institution as above mentioned; and the 
superintendent may take security by note or other written agree¬ 
ment, with or without sureties, as he may deem proper, for such 
part of such expenses as such child, his parents or guardians are 

64 


Ch. hi. 


STATE ROOK. 


§ 91w 


Females improperly committed. 

able to pay, subject, however, to the approval of the managers 
in the manner that shall be prescribed in the by-laws. Notice 
to remove a pupil shall be in writing, signed by the superin¬ 
tendent and directed to the parents, guardians, committee or other 
person upon whose request the pupil was received at the institu¬ 
tion, at the place of residence mentioned in such request, and 
deposited in the post-office at Syracuse with the postage prepaid. 
If the pupil shall not be removed from the institution within 
twenty days after service of such notice, according to the condi¬ 
tions of the agreement and undertaking, he may be removed and 
disposed of by the superintendent as herein provided, in relation 
to State pupils, and the provisions of this article respecting the 
payment and recovery of the expenses of the removal and disposi¬ 
tion of a State pupil, shall be equally applicable to expenses 
incurred under this section. 

State Charities Law, § 70; 3 R. S. 2840. 

§ 91w. Return of females improperly committed.— Whenever 
it shall appear to the satisfaction of the board of managers of 
any such institution, that any person committed thereto is not of 
proper age to be so committed or is not properly committed, or is 
insane or mentally incapable of being materially benefited by the 
discipline of any such institution, such board of managers shall 
cause the return of such female to the county from which she was 
so committed. Such female shall be so returned in the custody of 
one of the persons employed by such boards of managers to convey 
to such institutions women committed thereto, who shall deliver her 
into the custody of the sheriff of the county from which she was 
committed. Such sheriff shall take such female before the magis¬ 
trate making the commitment, or some other magistrate having 
equal jurisdiction in such county, to be by such magistrate re¬ 
sentenced for the offense for which she was committed to any such 
institution and dealt with in all respects as though she had not 
been so committed. The costs and expenses of the return of such 
female, necessarily incurred and paid by any such board of man¬ 
agers, shall be a charge against the county from which such female 
was committed, to be paid by such county to such board of man¬ 
agers in the same manner as other county charges are collected. 

State Charities Law, § 147. 


5 


65 


CHAPTER FOUR 


SETTLEMENT AND PLACE OF RELIEF OF POOR PERSONS 


§92. Settlements, how gained. 

§93. Qualification of last section. 

§94. Poor persons not to be removed, 
and how supported. 

§95. Proceedings to determine settle¬ 
ment. 

§96. Hearing before superintendents. 

§97. How to compel towns to support 
poor persons. 

§98. Proceedings to determine who 
are county poor. 

§99. In counties without alms-house. 

§100. Decisions to be entered and 
filed. 

§101. Appeal to the county court. 

§102. Penalty for removing. 

§103. Proceedings to compel support. 


§104. Liability, how contested. 

§105. Neglect to contest. 

§106. Actions, when and how to be 
brought. 

§107. Penalty for bringing foreign 
poor into this state. 

§108. Poor children under sixteen 
years of age. 

§109. Public funds for support of 
poor children. 

§110. When not to be sent to the 
poor house. 

§111. Institutions to keep record of 
children. 

§112. Removal of child. 

§113. Settlement, how lost. 


§ 92. Settlements, how gained — Place of relief.-— Every person 
of full age, who shall be a resident and inhabitant of any town 
or city for one year, and the, members of his family who shall 
not have gained a separate settlement, shall be deemed settled in 
such town or city, and shall so remain until he shall have gained a 
like settlement in some other town or city in this State, or shall 
remove from this State and remain therefrom one year. A minor 
may be emancipated from his or her father or mother and gain a 
separate settlement: 

1. If a male, by being married and residing one year separately 
from the family of his father or mother. 

2. If a female, by being married and having lived with her hus¬ 
band ; in which case the husband’s settlement shall be deemed that 
of the wife. 

3. By being bound as an apprentice and serving one year by vir¬ 
tue of such indentures. 

4. By being hired and actually serving one year for wages, to be 

paid such minor. 

Poor Law, § 40. 

The old statute is repealed and the settlement must now be ascertained 
from this and the next section. 

People ex rel. French v. Lyke, 159 N. Y. 149. 

66 


CH. IV. 


SETTLEMENT AND PLACE OF RELIEF. §§ 93, 94 


Settlement, poor person not to be removed. 

By gaining a settlement in another state the poor person loses all claim 
m a settlement in any of the towns of the county and can only regain such 
settlement in the usual way by continuing to be a resident in some one town 
for one year. 

Matter of Chapman. 15 Misc. 296; City Syracuse v. County Oneida, 25 
Misc. 371; Sup. Poor Cattaraugus Co. v. Sup. Poor Erie Co., 50 St. 
Rep. 347. 

The residence should be continuous and notorious such as to lead the 
authorities to the conclusion that there is an intention to gain a settlement. 

Matter of Hector, 24 N. Y. Supp. 475; Dupuy v. Wutz, 53 N. Y. 556; 
De Meli v. De Meli, 120 N. Y. 491. 

The settlement of the father is the settlement of the child if not emanci¬ 
pated. 

Overseer Poor v. Overseer P. Albany, 2 Cow. 537. 

This section applies to every person who shall be a resident and inhabitant 
of any town for one year and the members of his family who shall not have 
gained a separate settlement. 

Sitterly v. Murray, 63 How. 367. 


§ 93. Qualification of last section.— A woman of full age, by 
marrying, shall acquire the settlement of her husband. Until a 
poor person shall have gained a settlement in his or her own right, 
his or her settlement shall he deemed that of the father, if living, 
if not, then of the mother; hut no child horn in any almshouse 
shall gain any settlement merely by reason of the place of such 
birth; neither shall any child horn while the mother is such poor 
person, gain any settlement by reason of the place of its birth. 
No residence of any such poor person in any almshouse, while 
such person, or any member of his or her family is supported or 
relieved at the expense of any other town, city, county or State, 
shall operate to give such poor person a settlement in the town 
where such actual residence may be. 

Poor Law, § 41. 

The settlement cannot be gained in a town where the actual residence may 
be so long as the poor person or any member of his family is supported at 
expense? of any other municipality. 

People ex rel. May v. Maynard, 160 N. Y. 453. 

The revision of the Poor Law 1896 did not so change the conditions of 
settlement that a poor person residing in a town or city for more than one 
year, while relieved at the expense of the county, ceased to be a county charge 
and become thereafter a town or city charge. 

People ex rel. French v. Lyke, 159 N. Y. 149. 


§ 94. Poor person not to be removed, and how supported.— No 

person shall be removed as a poor person from any city or town 
to any other city or town of the same or any other county, nor 

67 


SETTLEMENT AND PLACE OF BELIEF. 

Poor, how supported. 


Ch. IV. 


§ 94 


from any county to any other county except as hereinafter pro¬ 
vided ; but every poor person, except the State poor, shall be 
supported in the town or county where he may be, as follows: 

1. If he has gained a settlement in any town or city in such 
county, he shall be maintained by such town or city. 

2. If he has not gained a settlement in any town or city in the 
county in which he shall become poor, sick or infirm, he shall be 
supported and relieved by the superintendents of the poor at the 
expense of the county. 

3. If such person be in a county where the distinction between 
town and county poor is abolished, he shall, in like manner, be 
supported at the expense of the county, and in both cases, proceed¬ 
ings for his relief shall be had as herein provided. 

4. If such poor person be in a county where the respective towns 
are liable to support their poor, and has gained a settlement in 
some town of the same county other than that in which he may 
then be, he shall be supported at the expense of the town or city 
where he may be, and the overseers shall, within ten days after 
the application for relief, give notice in writing to an overseer of 
the town to which he shall belong, requiring him to provide for the 

support and relief of such poor person. 

Poor Law, § 42; see form below. 

Notice from One Town to Another (in a County Where the Towns 
are Liable to Support their Own Poor), Requiring the Overseers 
of the Town in Which the Poor Person Has a Residence to Provide 
for His Support. 

County of . ss.: 

To the Overseers of the Poor of the town of ., in said county: 

You are hereby notified that ., a poor person, who has 

gained a settlement in your town, to which he belongs, is in the town of 

.. in said county, and is supported at the expense of the said 

town of.. for which the undersigned are overseers. You are, 

therefore, required to provide for the relief and support of the said poor 
person. 

Given under our hands at., this.day of. 19. . 


Overseers of the Poor of the town of . 

(This notice should be served on one of the overseers of the poor of the 
town where the poor person belongs.) 

If a town grants aid to a poor person who it claims had a legal settlement 
in another municipality, it must within 10 days after application for relief 
serve the notice prescribed by subd. 4 of this section. 

Matter of Melville, 23 Misc. 398. 

Every poor person shall be supported in the town or county where h8 
may be. 

Overseers of Norwich v. Overseers of Poor, 15 N. Y. 341. 

68 













Ch. iv. 


SETTLEMENT AND PLACE OF RELIEF. 

Determining settlement. 


95 


When a settlement is once gained in any town it remains there until a 
subsequent settlement is gained elsewhere. 

Sitterly v. Murray, 63 How. 367. 

If the poor person has not resided within the county 60 days he is not a 
county charge, but state poor. 

See § 1007. 

§ 95. Proceedings to determine settlement.— If, within ten 
days after the service of such notice, the overseer to whom the 
same was directed, shall not proceed to contest the allegation of 
the settlement of such poor person, by giving the notice herein¬ 
after directed, he or his successors, and the town which he or they 
represent, shall be precluded from contesting or denying such 
settlement. He may, within the time mentioned, give written 
notice to the overseer of the town where such person may be, and 
from whom he has received the notice specified in the last section, 
that he will appear before the county superintendents, at a place 
and on a day therein to be specified, which day shall he at least 
ten days and not more than thirty days from the time of the ser¬ 
vice of such notice of hearing, to contest the alleged settlement. 
1 f the county superintendents fail to appear at the time and place 
so appointed, they shall, at the request of the overseers of either 
town, appoint some place, and some other day, for the hearing 
of such allegations, and cause at least five days’ notice thereof to 
be given to such overseers; and no poor person shall be deemed 
to have gained a settlement, when the proper notices to contest 
the settlement have been served, until there has been a hearing 
before the superintendent thereof, and an order by them made 
and filed in the office of the county clerk, fixing the settlement of 

such poor person. 

Poor Law, § 43. 

If the overseer of the poor does not institute the proceeding authorized to 
be taken for that purpose, he and his town shall be forever precluded from 
denying that the settlement was in that town. 

Overseer of Norwich v. Overseer, etc., 15 N. Y. 341. 

The notice required must be served within the time required or the pro¬ 
ceedings will fail. 

Matter of Merville, 23 Misc. 398. 

Notice of Overseer of the Poor to Appear Before Superintendent of the 
Poor and Contest Alleged Settlement of a Poor Person. 

(Poor Law, § 43.) 

County of . ss.: 

To the Overseers of the Poor of the town of ., in said county: 

Please take notice that the undersigned, overseers of the poor of the town 
0 f .. in said county, will appear before the superintendents of 

09 





§§ 96, 97 SETTLEMENT AND PLACE OF BELIEF. Ch. rv. 


the poor of said county, at the poor house (or, other place, as may be desig¬ 
nated), on the.day of., at ten o’clock in the forenoon, to con¬ 
test the alleged settlement of., a poor person, as set forth in 

your notice of the., 19. . 

Dated.. 19.. 


Overseers of the Poor of the town of . 

§ 96. Hearing before superintendents.— The county superin¬ 
tendents shall convene whenever required by any overseer pur¬ 
suant to such notice, and shall hear and determine the controversy, 
and may award costs, not exceeding fifteen dollars, to the prevail¬ 
ing party, which may be recovered in an action in a court of 
competent jurisdiction. Witnesses may be allowed fees as in 
courts of record. The decision of the superintendent shall be final 
and conclusive, unless an appeal therefrom shall be taken as pro¬ 
vided by this chapter. 

Poor Law, § 44; see form below. 

Decision of Superintendents Concerning the Settlement of Poor 

Persons. 

County of . ss.: 

The undersigned, superintendents of the poor of said county, having con¬ 
vened as required by the overseers of the poor of the town of., in 

said county, pursuant to their notice, proceeded to hear and determine a 
controversy which had arisen between the said overseers and the overseers of 

the town of., in said county, concerning the settlement of 

., a poor person; and upon such hearing of the facts, the 

undersigned hereby decide that the legal settlement of the said. 

as such poor person, is (or, is not) in the said town of. And 

the undersigned hereby award to the overseers of the poor of the town of 

., the prevailing party, the sum of.dollars, costs of 

said proceeding, by them expended. 

Given under our hands and seals at., this.day of 

. ,19.. 

. [l- s.] 

. [L. s.] 

. [L. S.] 

Superintendents of the Poor. 


§ 97. How to compel towns to support poor persons.— The over¬ 
seers of the poor of the town in which it may be alleged any 
poor person has gained a settlement, may, at any time after re¬ 
ceiving such notice requiring them to provide for such person, take 
and receive such poor person to their town, and there support him; 
if they omit to do so, or shall fail to obtain the decision of the 
county superintendents, so as to exonerate them from the main¬ 
tenance of such poor person, the charge of giving such notice, and 
the expense of maintaining such person, after being allowed by 

70 
























Ch. iv. SETTLEMENT AND PLACE OF RELIEF. § 98 

Proceedings to determine poor. 


the county superintendents, shall be laid before the board of su¬ 
pervisors at their annual meetings from year to year, as long as 
such expenses shall be incurred, and the supervisors shall an¬ 
nually add the amount of such charges to the tax to be laid upon 
the town to which such poor person belongs, together with such 
sum in addition thereto, as will pay the town incurring such ex¬ 
pense, the interest thereon, from the time of expenditure to the 
time of repayment, which sum shall be assessed, levied and col¬ 
lected in the same manner as other charges of such town. Such 
moneys when collected shall be paid to the county treasurer and be 
by him credited to the account of the town which incurred the 
expense. 

Poor Law, § 45. 

Where overseers of the poor relieve and support poor belonging to another 
town at request of overseer of poor of the town where the pauper belongs, 
the proper remedy is to get the claim allowed by superintendent of poor and 
lay the same before the board of supervisors in order that they may add the 
amount to the tax list of the town in which the pauper belongs. 

Holmes v. Brown, 13 Barb. 599. 

The overseers may on receiving the notice do one of two things: contest 
the alleged settement or take the pauper home to his own town and provide 
for him. If they do neither, then the law takes charge of the case and 
declares that the pauper shall be supported in the first instance by the town 
where the pauper is, and the expense, after being audited by county super¬ 
intendent, shall be collected like other town charges out of the town which is 
chargeable through the agency of the board of supervisors. 

Overseers of Norwich v. Overseers of Poor, 15 N. Y. 341. 


§ 98. Proceedings to determine who are county poor.— The 

support of any poor person shall not be charged to the county, 
without the approval of the superintendents. If a poor person be 
sent to the county almshouse as a county poor person, the super¬ 
intendents, in counties where there are town poor, shall imme¬ 
diately inquire into the facts, arid if they are of opinion that such 
person has a legal settlement in any town of the county, they shall, 
within thirty days after such poor person shall have been received, 
give notice to the overseers of the poor of the town to which such 
poor person belongs that the expenses of such support will be 
charged to such town, unless the overseers within such time as 
the superintendents shall appoint, not less than twenty days there¬ 
after, show that such town ought not to be so charged. On the 
application of the overseers, the superintendents shall re-examine 
the matter and take testimony in relation thereto, and decide the 
question; which decision shall be conclusive, unless an appeal 

71 


§ 99 


SETTLEMENT AND PLACE OF 


PEL! EE. 


Ch. iv. 


In counties without almshouses. 


therefrom shall he taken in the manner provided in this 
chapter. 

Poor Law, § 46; see form below. 


Superintendents’ Notice that Poor Person Will Be Supported at the 
Expense of a Town in a County Where the Towns Support Their 
Own Poor. 

County of . ss.: 

To the Overseers of the Poor of the town of ., in said county: 

., a poor person, having been sent to the poor house as a 

county poor person, and the undersigned, superintendents of the poor of said 
county, having inquired into the fact, and being of the opinion that the said 

poor person has a legal settlement in the town of., in 

said county, pursuant to the provisions of section 46 of the Poor Law, you 
are hereby notified that the expenses of the support of said poor person will 

be charged to the town of., unless you, the overseers of said 

town, within. (here insert such time, not less than twenty 

days, as the superintendent shall appoint), after the service of this notice, 

show that the said town of.ought not to be so charged. 

Dated at., this.day of., 19.. 


Superintendents. 

§ 99. In counties without almshouses.— In counties having no 
almshouse, no person shall be supported as a county poor person, 
without the direction of at least one superintendent. In such 
cases the overseers of the poor, where such person may be, shall, 
within ten days after granting him relief, give notice thereof 
and that such person is not chargeable to their town, to one of the 
superintendents who shall inquire into the circumstances, and if 
satisfied that such poor person has not gained a legal settlement 
in any town of the county, and is not a State poor person, he shall 
give a certificate to that effect, and that such poor person is charge¬ 
able to the county. lie shall report every such case to the board 
of superintendents at their next meeting, who shall affirm such 
certificate, or, on giving at least eight days’ notice to the overseers 
of the poor of the town interested, may annul the same. After 
hearing the allegations and proofs in the premises, if the superin¬ 
tendent to whom the overseers have given such notice shall neg¬ 
lect or refuse to give such certificate, the overseers may apply to 
the board of superintendents, who shall summarily hear and deter¬ 
mine the matter, and whose decision shall be conclusive, unless an 
appeal therefrom shall be taken in the manner provided in this 
chapter. Such appeal may also be taken from the refusal of one 

72 















Ch. iv. SETTLEMENT AND PLACE OF PEL I EE. §§ 100-102 

Decisions, appeal, penalty for removing. 

superintendent to grant such certificate when there is but one 
superintendent in the county. 

Poor Law, § 47. 

§ 100. Decisions to be entered and filed.— The decisions of 
county superintendents in relation to the settlement of poor per¬ 
sons, or to their being a charge upon the county, shall be entered 
in books to be provided for that purpose, and certified by the sig¬ 
nature of such of the superintendents as make the same; and a 
duplicate thereof, certified in the same manner, shall be filed in 
the office of the county clerk within thirty days after making such 
decision. 

Poor Law, § 48. 

§ 101. Appeal to the county court.— Any or either of the 
parties interested in a decision of the superintendent of the poor, 
or in any dispute that shall arise concerning the settlement of any 
poor person, may appeal from such decision to the county court 
of the county in which such decision shall be made, by serving 
upon the other parties interested therein, within thirty days af¬ 
ter service upon the appellant of a notice of the same, a notice 
of appeal, which shall he signed by the appellant or his attorney, 
and which shall specify the grounds of the appeal. The hearing 
of such appeal may be brought on by either party in or out of 
term, upon notice of fourteen days. Upon such appeal a new 
trial of the matters in dispute shall he had in the county court 
without a jury, and a decision of the county court therein shall be 
final and conclusive, and the same costs shall be awarded as are 
allowed on appeals to said court. 

For the purposes of this chapter the county court shall be 
deemed open at all times. 

Poor Law, § 49. 

§ 102. Penalty for removing.— Any person who shall send, re¬ 
move or entice to remove, or bring, or cause to be sent, removed 
or brought, any poor or indigent person, from any city, town or 
county, to any other city, town or county, without legal authority, 
and there leave such person for the purpose of avoiding the charge 
of such poor or indigent person upon the city, town or county 
from which he is to be sent, removed or brought, or enticed to 
remove, shall forfeit fifty dollars, to be recovered by and in the 
name of the town, city or county to which such poor person shall 

73 


§ 103 


SETTLEMENT AND PLACE OF RELIEF. Ch. iv. 


Support of person removed. 

be sent, brought or removed, or enticed to remove, and shall be 

guilty of a misdemeanor. 

Poor Law, § 50. 

Where a person is sued for enticing a pauper under this section, the de¬ 
fendant may be allowed to state that he sent the pauper from his county in 
good faith. The penalty is incurred when any person removes or entices the 
pauper to remove without legal authority with intent to make the county to 
which the removal shall be made chargeable, etc. 

Cortland v. Herkimer County, 44 N. Y. 22. 

The town supporting the poor person is forbidden under penalty from 
removing him to the place where he is chargeable. 

Matter of McCutcheon, 25 Misc. 650; Smith v. Brundage, 17 Wk. Di¬ 
gest, 266. 

In order to maintain criminal liability under this provision it must be 
alleged and proven that the person guilty of bringing or enticing the pauper 
into a particular county did so with intent to make such county chargeable 
with the support of such pauper. 

Foster v. Cronkhite, 35 N. Y. 139; Bellows v. C'ourter, 24 St. Pep. 870; 
Coe v. Smith, 24 Wend. 341. 

The legislature did not intend to prohibit a destitute person or one who 
happened to be disabled while temporarily residing in one county from re¬ 
turning to his family and friends residing in another, though he might charge 
the county from which he thus removed with his support. 

Foster v. Cronkhite, 35 N. Y. 139. 


§ 103. Proceeding to compel support of person removed, etc.— 

A poor person so removed, brought or enticed, or who shall of his 
own accord come or stray from one city, town or county into any 
other city, town or county not legally chargeable with his support, 
shall be maintained by the county superintendents of the county 
where he may be. They may give notice to either of the over¬ 
seers of the poor of the town or city from which he was brought or 
enticed, or came as aforesaid, if such town or city be liable for 
his support, and if there be no town or city in the county from 
which he was brought or enticed or came liable for his support, 
then to either of the county superintendents of the poor of such 
county, within ten days after acquiring knowledge of such im¬ 
proper removal, informing them of such improper removal, and 
requiring them forthwith to take charge of such poor person. If 
there be no overseers or superintendents of the poor in such town, 
city or county, such notice shall be given to the person, by what¬ 
ever name known, who has charge and care of the poor in such 
locality. 

Poor Law, § 51; see form below. 


74 


Oh. iv. SETTLEMENT AND PLACE OF RELIEF. § 103 

Support of person removed. 


Notice of Improper Removal of Poor Person from a Town, City or 

County. 


Cminty of .ss..* 

To .. Superintendent of the Poor of the county of 


(or Overseer of the Poor of the town of .) ; 

\ou are hereby notified that., a poor and indigent person, 

has been improperly sent (or, carried, transported, brought or removed, or 
enticed to remove, as the case may be) from the said county (town or city) 

of.to the county (town or city) of., without legal 

authority, and there left, with intent to make the said county (town or city) 

of., to which the said removal was made, chargeable with the 

support of the said poor person. You’ are, therefore, pursuant to the pro¬ 
visions of section 51 of the Poor Law of the state of New York, required 
forthwith to take charge of the said poor person. 

Given at., in said county of., the.dav 

of., 19. . 


Superintendents of the Poor of the county of ... (or, Overseers 

of the Poor of the town of .). 

Where a poor person removes or is removed from a town not chargeable 
with his support in another county and is there necessarily relieved by the 
overseer of the poor of the town, the expense incurred and the burden of 
thereafter maintaining the person is as between that town and its county a 
charge on the county, provided the overseer gives the superintendent of the 
poor of his county notice of the circumstances of the case as provided by 
statute. 

Stillwell v. Coons, 122 N. Y. 242. 

This section directs that the pauper so removed shall be maintained by the 
county superintendent where he may be, and further provides for the giving 
of notice of such improper removal to the proper officer of the county or 
town from which he was brought, and requiring such officer to take charge 
of the pauper. 

Cortland County v. Herkimer County, 44 N. Y. 22. 

The officers of the county claiming to fix it upon another county shall give 
notice to the appropriate authority of the latter county informing them of 
such improper removal and requiring them forthwith to take charge of such 
pauper. 

Foster v. Cronkhite, 35 N. Y. 139. 

As to the sufficiency of notice, see City of Lynn v. City of Newburyport, 
5 Allen, 545, 103 Mass. 117, 124 Mass. 117. 

A notice which does not state that the pauper was a pauper while in the 
town from which he came in order that his voluntary change of residence 
was improper, is insufficient. 

McKay v. Welch, 24 St. Rep. 838. 

A removal of the pauper which will charge the county with the expense 
of his* maintenance must be such as would subject the person concerned in it 
to the penalty imposed by the preceding section. 

Coe v. Smith, 24 Wend. 341; Cortland County v. Herkimer County 44 
N. Y. 22. 



















Liability, how contested. 


§ 104. Liability, how contested.— The county superintendents, 
or overseers, or other persons to whom such notice may be di¬ 
rected may, after the service of such notice, take and remove 
such poor person to their county, town or city, and there support 
him, and pay the expense of such notice, and of the support of 
such person; or they shall, within thirty days after receiving such 
notice, by a written instrument under their hands, notify the 
county superintendents from whom such notice was received, or 
either of them, that they deny the allegation of such improper 
enticing or removal, or that their town, city or county is liable for 

the support of such poor person. 

Poor Law, § 52. 

“ Any pauper who shall of his own accord come or stray from any city, 
town or county into any other city, town or county not legally'chargeable with 
his support,” did not give a right of action for the support of a person by a 
county into which he had voluntarily removed, at a time when he was not a 
pauper, against the county from which he had so removed. 

Bellows v. Coulter, G N. Y. Supp. 73. 

When a poor person removes, or is removed, from a town in one county to 
a town not chargeable with his support in another county, and is there neces¬ 
sarily relieved by the overseers, the expense incurred and the burden of there¬ 
after maintaining the person is, as between that town and its county, a charge 
on the county, provided the overseer gives the superintendent of the poor of 
his county notice of the circumstances of the case, as provided by the statute. 

Stillwell v. Coons, 122 N. Y. 242. 

Plaintiff, as superintendent, after receiving notice from the overseer of T. 
that he had given temporary relief to H., a pauper, who had formerly lived in 
B. in another county, with a statement of the circumstances of the case, 
believing that the removal of H. to the town of T. was prohibited, mailed to 
defendant, overseer of B., a notice of the removal, with a request that he 
provide for H. Within the thirty days prescribed by statute after service of 
the notice, plaintiff received an answer from defendant denying unequivocally, 
but not in the words of the statute, that H. was a pauper while he lived in 
his county and denying any liability for his support. More than six months 
after receipt of the answer, this action to recover for such support was com¬ 
menced. Held, that as the action was not commenced within three months 
after receiving defendant’s denial of liability, it was barred by the statute. 

Stillwell v. Coons, 122 N. Y. 242. 

Where such denial was served by mail, received and retained by the plain¬ 
tiff without objection, held, a sufficient service. 

Stillwell v. Kennedy, 51 Hun, 114. 

A notice which does not state the person was a pauper while in the town 
from which he came, nor that his voluntary change of residence was improper, 
is not sufficient. 

McKay v. Welch, 6 N. Y. Supp. 358; s. c., 24 St. Rep. 838. 

Rev. St. N. Y., part 1, chap. 20, tit. 1, § 31, provides that no person shall 
be removed as a pauper from any city or town to any other city or town of 
the same or any other county, or from any county to any other county, but 
every poor person shall be supported in the county where he may be; that if 

7b 


Ch. iv. SETTLEMENT AND PLACE OE BELIEF. 


105 


Neglect to contest. 

lie has gained a settlement in any town in such county he shall be maintained 
by such town; and that if he has not gained a settlement in the county in 
which he shall become poor, sick or infirm, he shall be supported and relieved 
by the superintendent of the poor at the expense of the county. Such stat¬ 
utes, as amended by Laws of New York, 1885, chap. 546, provide that any 
pauper who shall, of his own accord, come or stray from one city, town or 
county into any other city, town or county not legally chargeable with his sup¬ 
port, shall be maintained by the superintendent of the county where he may 
be, and that by taking certain proceedings the liability of the county or town 
from whence he came for his support may be fixed, if such county is so liable. 
Held, that one who had always been able to support himself and family by 
manual labor, though the wages earned by him were not more than sufficient 
for that purpose, was not a pauper, within the meaning of the statute; and 
where, having been a resident of the city and county of New York, he went to 
another county, and there met with an accident, which rendered him unable 
to support himself, the county from whence he came is not liable for his 
support. 

Wood v. Simmons, 4 N. Y. Supp. 368; s. c., 51 Hun, 325. 


Notice of Denial of Removal of Poor Persons. 

County of . ss.: 

To the Superintendents of the Poor of . county: 

You are hereby notified that the undersigned, superintendents of the poor 

of the county of., deny the allegation contained in your notice, 

of the supposed improper removal of., as mentioned in your 

notice to the undersigned, in the manner and with the intent in said notice 
alleged. 

Given under our hands, at., this.day of., 19.. 


Superintendents of the Poor of the county of 


§ 105. Neglect to contest.— If there shall be a neglect to take 
and remove such poor person, and to serve notice of such denial 
within the time above prescribed, the county superintendents and 
overseers, respectively, whose duty it was so to do, their successors, 
and their respective counties, cities or towns, shall be deemed 
to have acquiesced in the allegations contained in such first notice, 
and shall be forever precluded from contesting the same, and their 
counties, cities and towns, respectively, shall be liable for the ex¬ 
penses of the support of such poor person, which may be recovered 
from time to time, by county superintendents incurring such ex¬ 
penses, in the name of their county in actions against the county, 

city or town so liable. 

Poor Law, § 53. 

If there shall be a neglect to take and remove such pauper and to notify 
such denial, then the superintendent shall be deemed to have acquiesced in 
the allegations of the notice and shall be liable for the expenses of the sup¬ 
port of such pauper. 

Foster v. Cronkliite, 35 N. Y. 139. 












§§ 106, 107 SETTLEMENT AND PLACE OF EELIEF. Ch. iv. 

Actions; foreign poor 

The denial of liability need not follow the language of the section above 
quoted, but it is quite sufficient if it contains an unequivocal denial of the 
liability asserted in the notice. 

Stillwell v. Coons, 122 N. Y. 242. 

This section makes the town liable absolute and precludes it from contest¬ 
ing the allegations of the notice unless the facts and liability are denied by 
the counternotice. 

McKay v. Welch, 24 St. Rep. 838. 

If the allegations of such notice are denied, then a suit may be instituted 
to recover the expenses incurred in the support of such pauper. 

Foster v. Cronkhite, 35 N. Y. 139. 

The action must be commenced within three months or it is forever pre¬ 
cluded. 

Cortland County v. Herkimer County, 44 N. Y. 22; Stillwell v. Coons, 
122 N. Y. 242. 

§ 106. Actions, when and how to be brought.— Upon service of 
any such notice of denial, the county superintendents upon whom 
the same may be served, shall, within three months, commence 
an action in the name of their county, against the town, city or 
county so liable for the expenses incurred in the support of such 
poor person, and prosecute the same to effect; if they neglect to 
do so, their town, city or county, shall he precluded from all claim 
against the town, city or county to whose officers such first notice 
was directed. 

Poor Law, § 54. 

§ 107. Penalty for bringing foreign poor into this State. — Any 

person who shall knowingly bring or remove, or cause to be 
brought or removed, any poor person from any place without this 
State, into any county, city or town within it, and there leave or 
attempt to leave such poor person, with intent to make any such 
county, city or town, or the State, wrongfully chargeable with 
his support, shall forfeit fifty dollars, to be recovered by an action 
in a court of competent jurisdiction in the county, and in the name 
of the county, city or town into which such poor person shall be 
brought, and shall be obliged to convey such person out of the 
State, or support him at his own expense, and shall be guilty of a 
misdemeanor, and the court or magistrate before whom any person 
shall be convicted for a violation of this section shall require of 
such person satisfactory security that he will within a reasonable 
time, to be named by the court or magistrate, transport such per¬ 
son out of the State, or indemnify the town, city or county for all 
charges and expenses which may be incurred in his support; and 

78 


Ch. iv. 


SETTLEMENT AND PLACE OF BELIEF. § 1.08 

Children under sixteen years of age. 

if such person shall refuse to give such security when so required, 
the court or magistrate shall commit him to the common jail of 
the county for a term not exceeding three months. 

Poor Law, § 55. 

In an action for bringing a poor person from out the state, it is no defense 
that the pauper formerly had a legal settlement in the place to which he was 
brought and had not subsequently gained one elsewhere, and that the defend¬ 
ant acted in the removal as public officers of another state in conformity 
with the laws of such state. 

Winfield v. Mapes, 4 Denio, 571. 

WJien a person brings a pauper from out the state into a county within 
the state, he is neither subject to the penalty nor to the maintenance of the 
pauper without the existence of the intent to charge the county. 

Coe v. Smith, 24 Wend. 341. 

Overseers of the poor under the order of two justices who have spent money 
for the maintenance of the pauper cannot maintain an action on the case 
against the person who brought the pauper into the town. Their remedy is 
under the statute to recover the penalty given in such case. 

Crouse v. Mabbett, 11 John. 167. 

§ 108. Poor children under sixteen years of age — How sup¬ 
ported.—No justice of the peace, board of charities, police justice, 
or other magistrate, or court, shall commit any child under sixteen 
years of age, as a vagrant, truant or disorderly person, to any jail 
or county almshouse, but to some reformatory, or other institu¬ 
tion, as provided for in the case of juvenile delinquents; and when 
such commitments are made, the justice of the peace, board of 
charities, police justice, or other magistrate or court making the 
same, shall immediately give notice to the superintendents of^the 
poor or other authorities having charge of the poor of the county 
in which the commitment was made, giving the name and age 
of the person committed, to what institution, and the time for 
which committed; nor shall any county superintendents, overseers 
of the poor, board of charity, or other officer, send any child un¬ 
der the age of sixteen years, as a poor person, to any county alms¬ 
house, for support and care, or retain any such child in such alms¬ 
house, but shall provide for such child or children in families, 
orphan asylums, hospitals, or other appropriate institutions for the 
support and care of children as provided by law, except that a 
child under two years of age may be sent with its mother, who is 
a poor person, to any county almshouse, but not longer than until 
it is two years of age. The board of supervisors of the several 
counties, and board of estimate and apportionment of the county 
of New York, and the appropriate board or body in the county 

79 


§ 109 SETTLEMENT AND PLACE OF RELIEF. Ch. iv. 


Public funds. 

of Kings shall take such action in the matter as may be necessary 
to carry out the provisions of this section. When any such child 
is committed to an orphan asylum or reformatory, it shall, when 
practicable, be committed to an asylum or reformatory that is 
governed or controlled by persons of the same religious faith as the 
parents of such child. 

Poor Law, § 56. 

The overseer of the poor in those cases where there is no county orphan 
asylum may place the children in any incorporated orphan asylum in the 
county at the expense of the town to which they were chargeable. 

Nuns of St. Dominick v. L. I. City, 48 Hun, 306. 

This section provides in detail for the commitment of poor children under 
sixteen years of age. 

Matter of Knowack, 158 N. Y. 482. 

Two classes of children are recognized by the act; one class in a sense 
criminal, which magistrates were required to commit, and the other pauper 
and destitute, for which the supervisors and poor authorities were required 
to care for. 

People ex rel. Horton v. Fuller, 41 A. D. 404. 

The provisions of sections 291 and 292 of the penal code may be read with 
the above section as referring to the two classes of children. 

Matter of Riley, 31 Hun, 612; People ex rel. Van Heck v. N. Y. C. P., 
101 N. Y. 195. 

§ 109. Public funds for support of poor children.— The guard¬ 
ianship of the person and the custody of any indigent child 
may be committed to any incorporated orphan asylum or other 
institution incorporated for the care of orphan, friendless or desti¬ 
tute children, by an instrument in writing signed by the parents 
of such child, if both such parents shall then be living, or by the 
surviving parent, if either parent of such child be dead, or if either 
one of such parents shall have, for the period of six months then 
next preceding, abandoned such child, by the other of such par¬ 
ents, or if the father of such child shall have neglected to provide 
for his family during the six months then next preceding, or if 
such child be a bastard, by the mother of such child; or if both 
parents of such child shall then be dead, by the guardian of the 
person of such child, legally appointed, with the approval of the 
court or officer which appointed such guardian to be entered of 
record; or if both parents of such child shall have been dead and 
no legal guardian of the person of such child shall have been ap¬ 
pointed, and no guardian of such child shall have been appointed 
by a last will and testament, or by a deed by either parent thereof, 
or if the parents of such child shall have abandoned such child for 

SO 


Oh. iv. SETTLEMENT AND PLACE OP KELiEP. §§ 110, 111 

When poor children not sent to pool-house, etc. 


the period of six months then next preceding, by the mayor of the 
city or by the county judge of the county in which such asylum 
or such other institution shall be located, upon such terms, for 
such time, and subject to such conditions as may be agreed upon 
by the parties to such written instrument. And such written in¬ 
strument may provide for ,the absolute surrender of such child 
to such corporation. But no such corporation shall draw or re¬ 
ceive money from public funds for the support of any such child 
committed under the provisions of this section, unless it shall 
have been determined by a court of competent jurisdiction that 
such child has no relative, parent or guardian living, or that such 
relative, parent or guardian, if living, is destitute and actually 
unable to contribute to the support of such child. 

Laws 1884, chap. 438, § 1. 

§ 110. When not to be sent to poorhouse — How provided for — 
Religious faith.—It shall not be lawful for any county superin¬ 
tendent or overseer of the poor, board of charity or other officer, 
to send any child between the ages of two and sixteen years as a 
pauper, to any county poorhouse or almshouse for support and 
care, or to detain any child between the ages of two and sixteen 
years in such poorhouse or almshouse; but such county superin¬ 
tendents, overseers of the poor, boards of charities or other officers 
shall provide for such child or children, in families, orphan asy¬ 
lums, hospitals, or other appropriate institutions, as provided by 
law. The boards of supervisors of the several counties of the 
State are hereby directed to take such action in the matter as may 
be necessary to carry out the provisions of this section. When 
any such child shall be so provided for or placed in any orphan 
asylum or such other institution, such child shall, when practic¬ 
able, be so provided for or placed in such asylum or other institu- 
tution as shall then be controlled by persons of the same religious 
faith as the parents of such child. 

Laws 1884, chap. 438, § 2. 

§ 111. Institutions to keep record of children.— All institutions, 
public or private, incorporated or not incorporated, for the recep¬ 
tion of minors, whether as orphan or as pauper, indigent, destitute, 
vagrant, disorderly or delinquent persons, are hereby required to 
provide and keep a record, in which shall be entered the date of 
reception, and the names and places of birth and residence, as 
nearly as the same can reasonably be ascertained, of all children 
6 81 


§ 112 SETTLEMENT AND PLACE OF RELIEF. 


Ch. iv. 


Removal of child, etc. 

admitted in such institutions, and how and by whom and for 
what cause such children shall be placed therein, and the names, 
residence, birthplace and religious denomination of the parents 
of such children so admitted, as nearly as the same can be reason¬ 
ably ascertained; and whenever any such child shall leave such 
institution, the proper entry shall be made in such record, show¬ 
ing in what manner such child shall have been disposed of, and 
if apprenticed to or adopted by any person or family, or other¬ 
wise placed out at service or on trial, the name and place of resi¬ 
dence of the person or head of the family to or with whom such 
child shall have been so apprenticed, adopted or otherwise placed 
out. The Supreme Court may, upon application by a parent, 
relative or legal guardian of such child, after due notice to the 
institution and hearing had thereon, by order direct the officers 
of such institution to furnish such parent, relative or legal 
guardian with such extracts from such record relating to such 
child as such court may deem proper. Nothing in this sec¬ 
tion shall be construed to prevent visitation by relatives and 
friends in accordance with the established rules of cuch in¬ 
stitutions. 

Laws 1884, chap. 438, § 3, as am’d Laws 1894, chap. 54. 

§ 112. Removal of child — Change of name — When returned to 
parent.—While any child which shall have been placed in such 
asylum, or other institution, as a pauper, in pursuance of the 
second section of this act, shall remain therein at the expense 
of the county or town to which such pauper child is chargeable, 
the superintendents of the poor of such county, or the overseer 
of the poor of such town, may, in their discretion, remove such 
child from such asylum or other institution and place such child 
in some other such institution or make such other disposition of 
such child as shall then be provided by law. The name 
of no such child shall be changed while in such institution 
as in this section aforesaid. But no parent of such pauper child, 
so in such asylum or other institution as in this section aforesaid, 
shall be entitled to the custody thereof except in pursuance of a 
judgment or order of a court or judicial officer of competent 
jurisdiction, adjudging or determining that the interests of such 
child will be promoted thereby, and that such parent is fit, 
competent and able to duly maintain, support and educate such 
child. 

Laws 1884, chap. 438, § 4. 


82 


Ch. iv. SETTLEMENT AND PLACE OF RELIEF. § 113 

How lost. 

A corporation organized under the laws of this state for the care, education 
and support of poor orphan children, may recover the amount due it for sup¬ 
porting certain children between the age of two and sixteen years, residents 
of Long Island City, and whom it had received, cared for and supported, on 
authority of written orders given by the overseer of the poor of the defendant 
city. 

As the relief of the children was permanent and not temporary, the $10 
limitation imposed by section 42 of 2 Revised Statutes (7th ed., p. 1861), 
did not apply to them. 

Nuns of St. Dominick v. Long Island City, 48 Hun, 306. 

Relator was a charitable institution approved by the state board. Under 
the statutes and by commitments not in all respects perfect, children were 
sent to relator and its bills therefor audited by the supervisors; the defend¬ 
ant, county treasurer, refused to pay. Held, that the bills were a county 
charge, and that the court would not scrutinize the commitments with that 
care it would exercise if the proceeding were a habeas corpus and the com¬ 
mitment were claimed to be illegal or insufficient. 

People ex rel. Mt. Magdalen School v. Dickson, 57 Hun, 312. 

§ 113. Settlement, how lost.— A person who has gained a set¬ 
tlement in a town or city loses the same by a continuous resi¬ 
dence elsewhere for one year. [Added by L. 1897, ch. 203, tak¬ 
ing effect immediately. ] 


83 


CHAPTER FIVE 


SUPPORT OF BASTARDS AND PROCEEDINGS THEREON. 


§114. Penalty for removing mother 
of bastard; how supported 
after removal. 

§115. Mother and child poor persons; 
proceedings against county or 
town from which she was re¬ 
moved. 

§116. Mother and bastard; how to be 
supported. 

§117. Mother and child not to be re¬ 
moved without her consent. 

§118. Overseers to notify superin¬ 
tendents of cases of bastardy; 
when county chargeable. 

§119. Duty of superintendents to pro¬ 
vide for mother and child. 

§120. Until taken charge of by super¬ 
intendents, to be supported by 
overseers. 

§121. Overseers of towns to support 
bastard and mother, whether 
chargeable or not. 

§122. Moneys received by overseers 
from parents of bastard; how 
applied and accounted for. 

§123. When moneys received on ac¬ 
count of bastard chargeable to 
county, how to be disposed of. 

§124. Disputes concerning settlement 
of bastard, how determined. 

§125. Proceedings when bastard is 
chargeable to another town. 

§126. Mode of ascertaining sum to be 
allowed for support of bastard. 

§127. When mother and child to be 
removed to county alms-house. 

§128. Compromise with father of bas¬ 
tard; when mother may receive 
money. 

§129. Compromise with putative fath¬ 
ers in New York. 

§130. Costs on appeal. 

§131. Costs against plaintiff, how re¬ 
covered. 

§132. Definition of a bastard. 

§133. Who are liable for its support. 

§134. When bastard, chargeable to 
the public, is born or is likely 
to be born, application to be 
made to a justice of the peace 
or police justice. 


§135. Examination by the magistrate, 
and warrant against the father. 

§136. Justice designated as a magis¬ 
trate, and person proceeded 
against as defendant. 

§137. Warrant, when to be served in 
another county. 

§138. Magistrate in another county 
may take undertaking for sup¬ 
port of bastard and mother, or 
for appearance of defendant at 
the sessions. 

§139. On giving undertaking, defend¬ 
ant to be discharged. 

§140. If undertaking not given, de¬ 
fendant to be taken before mag¬ 
istrate who issued the warrant. 

§141. Before wKat magistrate in the 
same county defendant is to be 
taken, when the magistrate is¬ 
suing the warrant is unable to 
act. 

§142. The magistrate to associate, 
with himself another magis¬ 
trate, and they to examine the 
matter. 

§143. Adjournment of examination. 
Security from defendant. 

§144. Determination of the case, and 
order of the magistrates. 

§145. Defendant to pay the costs, and 
give undertaking for support of 
bastard and mother, or for ap¬ 
pearance at sessions. 

§146. On giving undertaking, defend¬ 
ant to be discharged; other¬ 
wise, to be committed. 

§147. Commitment of defendant dur¬ 
ing examination. 

§148. Proceedings by magistrate, 
when security is given by de¬ 
fendant on arrest out of the 
county. 

§149. Examination in such case, and 
order thereon. 

§150. Magistrates may compel mother 
to disclose the father of the 
bastard. Proceedings, if she 
refuse. 

§151. If mother possess property, two 
magistrates may make an order 


84 


Ch. v. 


SUPPOKT OF BAS TAP11S. 


§ 114 


Penalty for removing mother of bastard. 


that she pay for the support of 
the child. 

§152. If she do not comply, she must 
be committed, or discharged on 
undertaking. 

§153. Magistrates may reduce amount 
directed to be paid by the father 
or mother. Court of sessions 
may reduce or increase it. 

§154. Proceedings against the father 
or mother, absconding from 
their place of residence. 

§155. Who may appeal, and in what 
cases. 

§156. Appeal, how taken. 

§157. Papers to be transmitted by 
magistrates, to court of ses¬ 
sions. 

§158. Court to hear the case; evi¬ 
dence on hearing. 

§151). Court may affirm, vacate or 
modify the order, or adjourn 
the hearing till the bastard be 
born. 

§160. If woman be not pregnant, or 
married before her delivery, or 
the child be not born alive, de¬ 
fendant to be discharged. 

§101. Order of the court, on affirm¬ 
ance. 

§162. Commitment of defendant, if he 
fail to give undertaking. 

§163. Undertaking for appearance on 
appeal, when forfeited. 

§164. When mother bound to appear 
at the sessions, court to pro¬ 
ceed as upon an appeal. 

§165. When the court may make an 
order against the mother, for 
flic support of the bastard. 


§166. Proceedings against the mother, 
or affirmance or modification of 
the order of the magistrates. 

§167. Costs on appeal, when awarded 
and how paid. 

§168. Same. 

§169. When order of filiation vacated, 
except on the merits, court may 
make a new order of filiation, 
or bind the defendant to ap¬ 
pear. 

§170. If order of filiation be vacated, 
except on the merits, magis¬ 
trates may proceed anew. 

§171. Court to inquire into circum¬ 
stances of father or mother, 
committed for not giving under¬ 
taking to support the bastard. 

§172. Father or mother unable to sup¬ 
port the bastard, may be dis¬ 
charged. 

§173. Notice, before discharge, and 
examination of the matter. 

§174. Party cannot be discharged, but 
by the court. 

§175. Court to order prosecution of 
undertaking, when forfeited. 
By whom prosecuted. 

§176. In whose name undertaking to 
be prosecuted. 

§177. Evidence in the action, and 
measure of damages. 

§178. For a subsequent breach of the 
undertaking, new action may 
be brought. 

§179. Costs, how recovered, when 
awarded against the plaintiff. 

§180. Action may be maintained on 
the order of the magistrates or 
court. 


§ 114. Penalty for removing mother of bastard; how supported 
after removal. — If the mother of any bastard, or of any child likely 
to be born a bastard, shall be removed, brought or enticed into 
any county, city or town from any other county, city or town of 
this state, for the purpose of avoiding the charge of such bastard 
or child upon the county, city or town from which she shall have 
been brought or enticed to remove, the same penalties shall be 
imposed on every such person so bringing, removing or enticing 
such mother to remove, as are provided in the case of the fraudu¬ 
lent removal of a poor person. Such mother, if unable to sup¬ 
port herself, shall be supported during her confinement and re¬ 
covery therefrom, and her child shall be supported, by the county 


§§ 115-118 


SUPPORT OF BASTARDS. 


C'h. v. 


Mother and child, etc. 

superintendents of the poor of the county where she shall be, if 
no provision be made by the father of such child. 

Poor Law, § 60. 

§ 115. Mother and child poor persons: proceedings against 
county or town from which she was removed. — Such mother and her 
child shall, in all respects, be deemed poor persons; and the 
same proceedings may be had by the county superintendents to 
charge the town, city or county from which she was removed 
or enticed, for the expense of supporting her and her child, as 
are provided in the case of poor persons fraudulently or clandes¬ 
tinely removed; and an action may be maintained in the same 
manner for said expenses and for all expenses properly incurred 
in apprehending the father of such child, or in seeking to compel 
its support by such father or its mother. 

Poor Law, § 61. 

§ 116. Mother and bastard, how to be supported. — The mother 
of every bastard, who shall be unable to support herself, during 
her confinement and recovery therefrom, and every bastard, after 
it is born, shall be supported as other poor persons are required 
to be supported by the provisions of this chapter, at the expense 
of the city or town where such bastard shall be born, if the mother 
have a legal settlement in such city or town, and if it be required 
to support its own poor; if the mother have a settlement in any 
other city or town of the same county, which is required to support 
its own poor, then at the expense of such other city or town; in 
all other cases, they shall be supported at the expense of the 
county where such bastard shall be born. 

Poor Law, § 62. 

§ 117. Mother and child not to be removed without her consent. 

— The mother and her child shall not be removed from any city 
or town to any other city or town in the same county, nor from the 
county to any other county, in any case whatever, unless volun¬ 
tarily taken to the county, city or town liable for their support, 
by the county superintendents of such county or the overseers of 
the poor of such city or town. 

Poor Law, § 63; 2 Pv. S. 2310. 

§ 118. Overseers to notify superintendents of cases of bastardy 

— When county chargeable.— The overseers of the poor of any 
city or town where a woman shall be pregnant with a child, likely 

86 


Ch. v. 


SUPPORT OF BASTAliDS. 


§§ 119-122 


Duty of superintendents, etc. 

to be bom a bastard, or where a bastard shall be born, which child 
or bastard shall be chargeable, or likely to become chargeable to 
the county, shall, immediately on receiving information of such 
fact, give notice thereof to the county superintendents, or one 
of them. 

Poor Law, § 64. 

§ 119. Duty of superintendents to provide for mother and child. 

— The county superintendents shall provide for the support of 
such bastard and its mother, in the same manner as for the poor 
of such county. 

Poor Law, § 65. 

§ 120. Until taken charge of by superintendents, to be sup¬ 
ported by overseers.— Until the county superintendents take charge 
of and provide for the support of such bastard and its mother so 
chargeable to the county, the overseers of the poor of the city or 
town shall maintain and provide for them; and for that pur¬ 
pose, the same proceedings shall be had as for the support of a 
poor person chargeable to the county, who cannot be conveniently 
removed to the county almshouse. 

Poor Law, § 66. 

§ 121. Overseers of towns to support bastard and mother, whether 
chargeable or not.— Where a woman shall be pregnant with a child 
likely to be born a bastard, or to become chargeable to a city or 
town, or where a bastard shall be born chargeable, or likely to 
become chargeable to a city or town, the overseers of the poor of 
the city or town where such bastard shall be born, or likely to be 
born, whether the mother have a legal settlement therein or not, 
shall provide for the support of such child and the sustenance of 
its mother during her confinement and recovery therefrom, in the 
same manner as they are authorized by this chapter to provide 
for and support the poor of their city or town. 

Poor Law, § 67. 

§ 122. Moneys received by overseers from parents of bastard, 
how applied and accounted for.— Where any money shall be paid 
to an overseer, pursuant to the order of any two justices, by any 
putative father, or by the mother of any bastard, the overseers 
may expend the same directly, in the support of such child, and 
the sustenance of its mother as aforesaid, without paying the same 
into the county treasury. They shall annually account, on oath, 

87 


Ch.v. 


§§ 123-125 SUPPORT OF BASTARDS. 

Money received on account of bastard, etc. 

to the board of town auditors, or to the proper auditing board of 
a city, at the same time that other town or city officers are required 
to account for expenditures of all moneys so received by them, 
and shall pay over the balance in their hands, and under like 
penalties, as are provided by this chapter, in respect to the poor 

moneys in their hands. 

Poor Law, § 68. 

§ 123. When moneys received on account of bastard chargeable 
to county, how to be disposed of.— All moneys which shall be 
ordered to be paid by the putative father, or by the mother of a 
bastard chargeable to any county, shall be collected for the benefit 
of such county; and all overseers of the poor, superintendents, 
sheriffs, and other • officers, shall within fifteen days after the 
receipt of. any such moneys, pay the same into the county treas¬ 
ury. Any officer neglecting to make such payment shall be liable 
to an action by and in the name of the county, for all moneys so 
received and withheld, with interest from the time of receipt, 
at the rate of ten per centum; and shall forfeit a sum equal to 
that so withheld, to be sued for and recovered by and in the name 
of the county. 

Poor Law, § 69. 

§ 124. Disputes concerning settlement of bastard, how deter¬ 
mined.— When a dispute shall arise concerning the legal settle¬ 
ment of the mother of a bastard, or of a child born or likely to 
be born a bastard, in any city or town, the same shall be deter¬ 
mined by the county superintendents of the poor, upon a hearing 
of the parties interested, in the same manner and with the same 
effect as they are authorized to determine the settlement of a poor 
person under this chapter. 

Poor Law, § 70. 

§ 125. Proceedings when bastard is chargeable to another 
town.— When a bastard shall be born, or be likely to be born in 
a town or city, when the legal settlement of the mother is in 
another town or city of the same county, which is required bv 
law to support its own poor, the overseers of the poor of the town 
or city where such bastard shall be born, or be likely to be born, 
shall give the like notice to the overseers of the town or city 
where the mother’s settlement may be, as is required in the case 
of a person becoming a poor person, under the like circumstances, 

88 


On. v. 


SUPPORT OF BASTARDS. 


§§' 126, 127 


Support of bastard. 

and the same proceedings shall be had, in all respects, to deter¬ 
mine the liability of such town or city as in the case of poor 
persons. 

The overseers of the town or city to which the mother of such 
bastard belongs may, before the confinement of such mother, or 
at any time after the expiration of two months after her delivery, 
if her situation will permit it, take and support such mother and 
her child. 

If they omit to do so, and fail to obtain the determination of 
the county superintendents in their favor on the question of set¬ 
tlement, the town or city to which the mother belongs shall be 
liable to pay all the expenses of the support of such bastard, and 
of its mother during her confinement and recovery therefrom; 
which expenses, after being allowed by the county superintendents, 
shall be assessed, together with the lawful interest on the moneys 
expended, on the town or city to which such mother belongs, and 
shall be collected in the same manner as provided for poor persons 
supported under the same circumstances, and the moneys so col¬ 
lected shall be paid to the county treasurer, for the benefit of, 
and to be credited to, the town which incurred such expenses. 

Poor Law, § 71. 

§ 126. Mode of ascertaining sum to be allowed for support of 
bastard.— When any town is required to support a bastard, and 
its mother, whether the mother have a settlement in such town or 
not, and no moneys shall be received from the putative father or 
from the mother, to defray the expense of such support, the over¬ 
seers of the poor shall apply to the supervisor of the town and 
obtain an order for the support of such bastard, and the sustenance 
of its mother during her confinement and recovery therefrom, 
and the sum to be allowed therefor, in the same manner as is 
required in the case of poor persons, and the moneys paid or 
contracted to be paid by the overseer, pursuant to such order, 
shall be paid by the county treasurer in the same manner as 
for poor persons, and be charged to the town to whose officer such 

payment shall be made. 

Poor Law, § 72. 

§ 127. When mother and child to be removed to county alms¬ 
house.— If there be a county almshouse in any county where the 
towns are required to support their own poor, the overseers of the 

89 


§ 128 


SUPPORT OF BASTARDS. 


Ch. v. 


Compromise with father of bastard, etc. 

poor of a town where a bastard shall be born, or shall be likely 
to be born, may, with the approval of the county superintendents 
or any two of them, and when the situation of the mother will 
allow it, remove the mother of such bastard, with her child, to 
such almshouse, in the same manner as poor persons may be re¬ 
moved; the expenses of which removal shall be defrayed in like 
manner, and such mother and her child shall be considered as poor 
of the town so liable for their support, and the expense shall in 
like manner be estimated and paid. 

Poor Law, § 73. 

§ 128. Compromise with father of bastard — When mother may 
receive money.— Superintendents and overseers of the poor may 
make such compromise and arrangements with the putative father 
of any bastard child within their jurisdiction, relative to the sup¬ 
port of such child, and they shall deem equitable and just, and 
thereupon discharge such putative father from all further liability 
for the support of such bastard. 

Whenever a compromise is made with the putative father of 
bastard child, the mother of such child, on giving security for the 
support of the child, and to indemnify the city and county, or the 
town and county, from the maintenance of the child, to the satis¬ 
faction of the officers making the compromise, shall be entitled 
to receive the moneys paid by such putative father as the consider¬ 
ation of such compromise. If the mother of such child shall be 
unable to give the security, but shall be able and willing to nurse 
and take care of the child, she shall be paid the same weekly allow¬ 
ance for nursing and taking care of the child, out of the moneys 
paid by the father on such compromise, as he shall have been liable 
to pay by the order of filiation; such weekly sum to be paid the 
mother, may be prescribed, regulated or reduced, as in the case of 
an order of filiation. 

Poor Law, § 74; see form below. 

The superintendent or overseer of the poor may compromise with the father 
of the bastard child and discharge him from all further liability. The mother 
may receive the money or security given by the father, providing she give 
sufficient indemnity to the town or county for the child’s support. 

People ex rel. Allen v. Supt. of Poor, 3 Hill, 116. 

Agreement Upon Compromise with Putative Father of Bastard. 

Knoic all men by these presents, that whereas, complaint was made on 

the . day of ., 19.., before . Esq., a 

justice of the peace of the county of., by . on 

90 







Ch. v. 


§§ 129, 130 


SUPPORT OF BASTARDS. 

Compromise; costs of appeal. 

oath, charging . with being the reputed father of a child, of 

which the said .. is now pregnant, and which, when born, will 

be a bastard, and likely to become (or, the father of a bastard child, of 

which the said.was on the.day of., 19.., 

delivered, and which said child is) chargeable to said county; and 

Whereas, the said .was arrested on said charge, and brought 

before . and . justices of the peace of said county, 

., the father of said child (of which the said . 

is now pregnant) (or, so born a bastard), as aforesaid; 

Now, therefore, .of the poor of said county, for and in con¬ 
sideration of the sum of . dollars, to . paid, as such 

superintendent (or overseer), and by virtue of the statute in such case made 
and provided, do hereby compromise the said charge, and release and dis¬ 
charge the said . from all liability to the ., or to 

the superintendent of the poor (or overseer of the poor) thereof, by reason 

of the liability of the said . to support the said . 

(or bastard) child, or from any other cause, by reason of the birth of said 
(or bastard) child. 

Given under.hand and seal this.day of., 19. . 

Signed, delivered and duly acknowledged 
in the presence of and before., 


Justice of the Peace. 


§ 129. Compromise with putative fathers in New York.— The 

commissioners of public charities of the city of New York, or any 
two of them, may make such compromise and arrangements with 
the putative fathers of bastard children in said city, relative to 
the support of such children, as they shall deem equitable and just, 
and thereupon may discharge such putative fathers from all 
further liability for the support of such bastards. 

Poor Law, § 75. 

§ 130. Costs on appeal.— The court must award costs to the 
party in whose favor an appeal is determined. When awarded 
against county superintendents or overseers of the poor of a town, 
not liable for the support of its own poor, they must be paid 
by the county treasurer, on delivering to him a certified copy of 
the order and of the taxed costs, and must be charged by him 
to the town in the same county, liable to support the bastard, or 
if there be none, to the county. In the city of New York, when 
costs are awarded upon an appeal, to the person charged as the 
father or mother of the bastard, they must, upon the production 
of similar vouchers, be paid by the comptroller of that city, and 
charged to the appropriation made to the commissioners of chari¬ 
ties and corrections thereof. 

Code Crim. Pro., § 873. 


91 
























§§ 131-1133 


Ch. v. 


SUPPORT OF BASTARDS. 


Costs, etc; definition of bastard. 


§ 131. Costs against plaintiff, how recovered.— if, in the 

action, costs be awarded against the plaintiffs, they may be recov¬ 
ered, as follows: 

1. If against the corporation of the city of New \ork, in the 
same manner as in any other action; 

2. If against county superintendents or overseers of the poor, 
they must, upon the delivery of a transcript of the judgment, 
be paid by the county treasurer, and by him charged to the town 
in the same county, liable for the support of the bastard, or if 

there be none, to the county. 

Code Crim. Pro., § 885. 

Taxable costs are allowed. 

Ont. Co. v. Moon, 12 Wend. 273; Washburn v. Overseer, 9 John. 119. 

§ 132. Definition of a bastard. — A bastard is a child who is 
begotten and born, 

1. Out of lawful matrimony; 

2. While the husband of its mother was separate from her, 
for a whole year previous to its birth ; or, 

3. During the separation of its mother from her husband, 
pursuant to a judgment of a competent court. 

The presumption is in all cases in favor of the legitimacy of a child. The 
proof as to the illegitimacy must be exceedingly strong. 1 Greenleaf Ev. §§ 
28, 344; 1 Taylor Ev. §§ 16, 106. The law is unwilling to bastardize children 
and throws the proof on the party who alleges illegitimacy; and in the absence 
of evidence to the contrary, a child, eo nomine, is, therefore, a legitimate child. 

Caujolle v. Ferrie, 23 N. Y. 90, 107. 

If the mother of the alleged bastard was a married woman, whose husband 
was living at the time of the alleged illicit intercourse and the birth of the 
child, she is not competent as a witness to establish the nonaccess of the hus¬ 
band, nor his absence from the state, nor any fact which may be proved by 
the testimony. People v. Overseers of Ontario, 15 Barb. 285; Chamberlain v. 
People, 23 N. \. 85, 90. But from the necessity of the case, she is a compe¬ 
tent witness to prove the illicit intercourse and who is, in fact, the father of 
the child. Id., Ratcliff v. Wales, 1 Hill, 63. This common-law rule, so laid 
down, was not changed by the adoption of sections 828 and 831 of the Code 
of Civil Procedure relating to the competency of a wife. People v. Court of 
Sessions of Ontario Co., 45 Hun, 54. 

The mother of a bastard child, in bastardy proceedings, was asked and 
allowed to answer, under objection, the question, who was its father. It was 
held that, although the question was perhaps liable to the objection that it 
called for a conclusion, yet the reception of such answer would not necessitate 
the reversal of a judgment rendered affirming an order of filiation theretofore 
made and issued, if it was without prejudice to the defendant by reason of 
being the unavoidable conclusion from the testimony in detail given by the 
same witness. 

People ex rel. Kenfield v. Lyon, 83 Hun, 303. 

§ 133. Who are liable for its support. — The father and mother 
of a bastard are liable for its support. In case of their neglect 

92 


Ch. v. 


SUPPORT OP BASTARDS. 


§ 134 


Application as to facts. 


or inability, it must be supported by the county, city or town in 
which it is born. 

After an order of filiation, an infant is bound to support his illegitimate 
child, and he is obliged to indemnify the city, town or county against the sup¬ 
port of his illegitimate child, and he must enter into a bond with sureties for 
that purpose, as the only means by which he can obtain a discharge from 
arrest. 

People v. Moore, 4 Den. 518. 

At common law the putative father was under no liability to maintain his 
illegitimate offspring, and as that liability has been wholly created by statute, 
the remedy there prescribed to enforce the liability must be followed. 

Moncrief v. Ely, 10 Wend. 406; Birdsall v. Egerton, 5 Wend. 619. 

Rheel v. Hicks, 25 N. Y. 289, 291. 

Upon the strength of the natural or moral obligation arising out of the 
relation of the putative father to his child, an action at common law lies, 
for the maintenance and sustenance of his child upon express promise; and 
where he admits himself the father and adopts the child, while such adoption 
continues a promise may be implied in favor of the party furnishing such 
sustenance; but he may renounce the adoption and terminate this implied 
assumpsit, and then the statute remedy must be pursued. 

Moncrief v. Ely, 10 Wend. 406; Birdsall v. Egerton, 25 Wend. 619. 

There is nothing illegal in an undertaking by a putative father to support 
his illegitimate child or to pay a sum of money in consideration of such sup¬ 
port being furnished by another, though it be the mother of the child. 

Hook v. Pratt, 78 N. Y. 371, 376. 

Upon principle and authority such a promise must be regarded as valid. 

Todd v. Weber, 95 N. Y. 181, 190. 

As against the mother of a bastard child, the putative father has no legal 
right to its custody. The mother, as its natural guardian, is bound to main¬ 
tain it, and is entitled to the control of it. It is only by provision of statute 
and the intervention of public officers that the father can be compelled to sup¬ 
port it. 

People v. Kling, 6 Barb. 366. 

The mother of a bastard child is entitled to its custody. 

Robalina v. Armstrong, 15 Barb. 247. 


§ 134. Application to inquire into the facts.— If a woman 

be delivered of a bastard, or be pregnant of a child likely to 
be born such, and which is chargeable to a county, city or town, 
a superintendent of the poor of the county, or an overseer of the 
poor or other officer of the alms-house of the town or city where 
the woman is, must apply to a justice of the peace or police jus¬ 
tice in the county, to inquire into the facts of the case. 

The justice can only have jurisdiction in the county where the woman is, 
and the application can only be made by the superintendent of the poor of the 
county, or the overseers of the poor of the town where the woman is. if the 

93 


§§ 135-138 


SUPPORT OF BASTARDS. 


Ch. v. 


Examination by magistrate. 

application be made by a person other than such officer, it is irregular, and 
the justice acquires no jurisdiction. 

Sprague v. Ecdeston, 1 Lans. 74. 

In the case of Tyler v. Rose, 17 Wkly. Dig. 454, it was held that under 
the old statute the words “ where such woman shall be,” mean her actual 
domicile or residence, not where she may be during a temporary absence from 
home. 

An overseer of the poor in bastardy proceedings is a party in such sense that 
the proceedings are void if there is affinity between him and the justice. 

Rivenburgh v. Henness, 4 Lans. 208. 

§ 135. Examination by the magistrate and warrant against the 
father.— The magistrate must, by the examination of the woman 
on oath, and any other testimony which may be offered, ascertain 
the father of the bastard, and must issue his warrant directed to a 
peace officer of the county, commanding him, without delay, to 
apprehend the father, and bring him before the justice, for the 
purpose of having an adjudication as to the affiliation of the 
bastard. 

§ 136. Justice designated as a magistrate, and person proceeded 
against as defendant.— An officer issuing a warrant or making an 
examination, as provided in this chapter, is designated as a magis¬ 
trate, and the person against whom the warrant is issued, as the 
defendant. 

§ 137. Warrant, when to be served in another county.— If the 

defendant reside in another county than that in which the war¬ 
rant issued, the magistrate must, by an indorsement thereon, di¬ 
rect the sum in which the defendant shall give security, and the 
officer must deliver the warrant to a justice of the peace or police 
justice in the city or town in which the defendant resides or is 
found. The magistrate to whom it is presented, on proof, under 
oath, of the signature of the magistrate who issued the warrant, 
must then indorse a direction thereon, that it be served in the 
county in which he resides, and the defendant may be arrested 
in that county accordingly. Upon this proof, the magistrate 
indorsing the warrant is exempted from liability to a civil or 
criminal action, though it afterward appear that the warrant was 
illegally or improperly used. 

§ 138. Magistrate in another county, may take undertaking, et 
cetera.— When the defendant is arrested in another county, he 

94 


Ch. v. 


SUPPORT OF BASTARDS. 

Undertaking before magistrate. 


§§ 139-141 


must be taken before the magistrate who indorsed the warrant, 
or before another magistrate of the same city or county, who may 
take from the defendant an undertaking, with sufficient sureties, 
to the effect: 

1. That he will indemnify the county, and town or city, where 
the bastard was or is likely to be born, and every other county, 
town or city, against any expense for the support of the bastard, 
or of its mother during her confinement and recovery^ and to pay 
the costs of arresting the defendant, and of any order of filiation 
that may be made, or that the sureties will pay the sum indorsed 
on the warrant; or 

2. That the defendant will appear and answer the charge at 
the next county court of the counts where the warrant was is¬ 
sued, and obey its order thereon. 

The bond ought to contain but one of the alternatives given by the statute. 
It should contain but one condition. If a putative father gives a bond under 
this section, conditioned that he will indemnify the county or that he will 
appear at the next court of sessions, the bond is valid and may be enforced. 

People v. Tilton, 13 Wend. 597. 

It should be in the form prescribed by this section. If it contain conditions 
in addition to those specified in the section it is void. 

People v. Meighan, 1 Hill, 298. 

§ 139. On giving undertaking, defendant to be discharged.— 

When either of the undertakings mentioned in the last section is 
given, the magistrate must discharge the defendant, and must 
indorse a certificate of the discharge upon the warrant. He must 
also deliver the warrant with the undertaking, to the officer, who 
must return it to the magistrate granting the warrant, by whom 
the same proceedings must be had, as if he had taken the under¬ 
taking. 

§ 140. If undertaking not given, defendant to be taken before 
magistrate who issued the warrant.— If the defendant do not give 
security, as provided in section 844, the officer must take him be¬ 
fore the magistrate who issued the warrant. 

§ 141. Before what magistrate in the same county, defendant 
to be taken, when the magistrate issuing the warrant is unable to 
act.— If, however, the magistrate who issued the warrant be ab¬ 
sent or unable to act, the defendant must be taken before the 
nearest or most accessible magistrate in the same county. The 

95 


§§ 142, 143 


SUPPORT OF BASTARDS. 

Examination by magistrate. 


Ch. v. 


officer must, at the same time, deliver to the magistrate, the war¬ 
rant with his return indorsed and subscribed by him. 

§ 142. The magistrate to associate with himself, another magis¬ 
trate, and they to examine the matter.— The magistrate before 
whom the defendant is brought, as provided in the last two sec¬ 
tions, must immediately associate with himself, another justice 
of the peace or police justice in the same county or city; and the 
two magistrates thus associated, must inquire into the charge, 
and must examine on oath, the woman who is the mother of, or 
pregnant with, the bastard in the presence of the defendant, in 
respect to the charge, and hear any testimony which may be 
offered in relation thereto. 

The justices have no authority to make the examination of the defendant 
in his absence. If they should they clearly could found no valid order of 
filiation upon it. Whenever the examination is made, whether at the time 
the person charged is first brought before the magistrate issuing the warrant, 
or at the adjourned day, it is to be made in the same manner, and the statute 
in either case contemplates that such person shall be present until the final 
determination of the proceedings. 

The People v. Jayne, 27 Barb. 58, 60; and see, also, Rheel v. Hicks, 25 
N. Y. 296. 

§ 143. Adjournment of examination — Security from defendant. 

— The magistrates may, on the application of the defendant, for 
good cause, adjourn the examination, not exceeding thirty days, 
upon the defendant giving an undertaking, with two sufficient 
sureties, to the effect that he will appear before the magistrates 
at the time appointed, or that the sureties will pay the sum men¬ 
tioned therein, which must be fixed by the magistrates, and which 
must be a full indemnity for the expense of supporting the bas¬ 
tard and its mother, as provided in section 851. Until the de¬ 
termination by the magistrates, if not admitted to bail, the de¬ 
fendant must be detained in custody of an officer, or be committed 
to the common jail for detention in the same manner as a pris¬ 
oner arrested in a civil cause. [Thus amended by L. 1894, ch. 
221, talcing effect September 1 , 1894.] 

Where a bond is given upon an adjournment of an examination in a case 
of bastardy, conditioned for the appearance of the person charged, at the 
adjourned day, such person is bound not only to appear but to give his con¬ 
tinued attendance until the examination and subsequent proceedings are finally 
closed. If, after appearing at the place of examination, the accused, before 
the proceedings are closed, departs therefrom without leave and goes to his 
home and remains absent until the next morning, and is not present when 
the order of filiation is made, this amounts to a breach of the bond. 

People v. Jayne et al., 27 Barb. 58. 

96 


Ch. v. 


SUPPORT OF BASTARDS. 

Determination of case. 


144 


The purpose of the bond required by this section is to release the defendant 
from arrest; without it he would have to remain under arrest as the exam¬ 
ination could not proceed without his presence. The object of the require¬ 
ment is not only to secure the attendance of the defendant at the adjourned 
day, but during the trial until the termination thereof. The undertaking 
binds him to appear at and during the examination, which may last one or 
several days, and which may, from the engagements of the justices, or other 
contingencies, be adjourned from time to time. The sureties of a bond are 
not discharged from liability by adjournments of the proceedings after the 
same is commenced on the adjourned day. 

People v. Milham, 100 N. Y. 273. 

There is no breach of a bond by the failure of the defendant to appear on 
the adjourned day, before the justice and a different associate justice, the 
former associate justice being absent. 

People v. Boardman, 24 How. Pr. 512. 

The above section of the Code does not prohibit in bastardy proceedings 
more than one adjournment, nor adjournments for more than thirty days 
when the adjournments are taken by the consent of both parties; it merely 
limits the time of any one adjournment, without consent to thirty days. 

A bond given upon adjournment in such proceedings is not invalidated 
by adjournments for more than thirty days, on defendant’s request, and by 
consent. 

People v. Higgins, 77 Hun, 163. 

§ 144. Determination of the case, and order of the magistrates. 

— Upon the hearing, the magistrates must determine who is the 
father of the bastard, and must proceed as follows: 

1. If they determine that the defendant is not the father of 
the bastard, he must be forthwith discharged; 

2. If they determine that he is the father, they must make an 
order of filiation, specifying therein the sum to be paid weekly 
or otherwise, by the defendant for the support of the bastard; 
and if the mother be indigent, the sum to be paid by the defend¬ 
ant for her support, during her confinement and recovery; and 
in case said bastard shall die, the defendant will pay the neces¬ 
sary funeral expenses. 

3. They must certify the reasonable costs of arresting the de¬ 
fendant, and of the order of filiation; 

4. They must reduce their proceedings to writing, and sub¬ 
scribe them. 

Adjudication of two justices in favor of a party charged with being the 
father of a bastard child, is a bar to a second proceeding against him re¬ 
specting the same matter, 

Thayer v. The Overseers of the Poor of the Town of Hamilton, 5 Hill, 443. 

The case of People ex rel. v. Tompkins Gen. Ses., 19 Wend. 154, is to the 
effect that an appeal will not lie by the superintendents of a county from 
an adjudication of justices in favor of a party charged with being the father 
of a bastard child, but it was there intimated that such an adjudication is 

7 97 


§ 145 SUPPORT OF BASTARDS. Ch. v. 

Defendant to pay cash, etc. 

not a bar to subsequent proceedings against the party upon the same charge. 
This latter holding was criticized and overruled by the court in the case 
first above mentioned. 

Costs.— The reasonable costs to be certified by the justices are the taxable 
costs. 

Mayham v. Allen, 50 Hun, 343. 

§ 145. Defendant to pay the costs, and give undertaking for 
support, or for appearance at county court.— If the defendant be 
adjudged to the father, he must immediately pay the amount 
certified for the costs of the arrest and of the order of filiation, 
and enter into an undertaking, with sufficient sureties approved 
by the magistrates, to the effect, 

1. That he will pay weekly or otherwise, as may have been 
ordered, the sum directed for the support of the child, and of the 
mother during her confinement and recovery, or which may be 
ordered by the county court of the county; and that he will in¬ 
demnify the county, and town or city, where the bastard was or 
may be born (as the case may be), and every other county, town 
or city, which may have been or may be put to the expense for the 
support of the bastard, or of its mother during her confinement 
and recovery, against those expenses, or that the sureties will do 
so, not exceeding the sum mentioned in the undertaking, and 
which must be fixed by the magistrates; or, 

2. That he will appear at the next term of the county court of 
the county, to answer the charge and obey its order thereon, or that 
the sureties will pay a sum equal to a full indemnity for supporting 
the bastard and its mother, as provided in the first subdivision of 
section 844. 

If the bond is conditioned that he will pay the sum directed in the order 
of filiation or that he will appear at the next court of sessions it is valid, 
although not strictly conformable to the statute, since it should have em¬ 
braced but one of the alternatives (People v. Tilton, 13 Wend. 597); and 
where the bond is conditional for the performance of both alternatives; so 
that the obligor may discharge his obligation by a compliance with one of 
them, a breach assigning a nonperformance of one of the alternatives is 
bad. Id. 

But if the bond embrace conjointly the two conditions specified in this 
section, it cannot be enforced. No action can be maintained thereon, be¬ 
cause the action for failure to pay the sum named in the order is to be 
brought by the overseers of the poor, and the action for failure te appear 
at the court of sessions by the district attorney of the county in the name 
of the people. 

A strict compliance with the direction contained in the statute is not a 
mere matter of form, but is very material. 

Hoagland v. Hudson, 8 How. Pr. 343. 


98 


Ch. v. 


§ 146 


SUPPORT OF BASTARDS. 

Defendant discharged, when. 

A bond taken by a justice of the peace containing, in addition to the 
provisions required by law, others, imposing further obligations on the 
obligor, is void. 

People v. Meighan, 1 Hill, 298. This case was followed in People v. 
Mitchell, 4 Sandf. 466. 

A bond executed under subdivision 2 of this section is, in effect, an appeal. 
Where the bond so executed does not conform to the provisions of the section 
it is inoperative, and the court of sessions should dismiss the appeal. 

People ex rel. Downs v. Lindsay, 53 Hun, 234. 

An undertaking, on an appeal, executed pursuant to subdivision 2, can¬ 
not be amended by the court of sessions when it is defective. 

Ramsey v. Childs, 34 Hun, 329. 

In an action on such an undertaking, it is error to exclude evidence that 
the order in pursuance of which it was given was void, for want of juris¬ 
diction, by reason of the absence of one of the magistrates, who should have 
taken part in the proceedings. 

People ex rel. Commissioners v. Dando, 20 Abb. N. C. 245. 

Where the condition of the bond is to appear at the next term of the 
county court and answer the charge, etc., if the defendant appear at such 
term the condition of the bond is satisfied, and a default at the term to 
which the appeal was adjourned will not constitute a breach. 

People v. Greene, 5 Hill, 647. In speaking of this case the court of 
appeals say, in People ex rel. Van Aken v. Millham, 100 N. Y. 273, 279: 
“ If, in that case, the hearing had been commenced at the first term, and 
had been postponed to any day during the same term, and the defendant 
had failed to appear at the adjourned day, then there would have been a 
different question, and no doubt in such case the court would have held 
that there was a breach of the bond.” 

§ 146. On giving undertaking, defendant to be discharged; 
otherwise, to be committed.— Upon a compliance with the provi¬ 
sions of the last section, the magistrate must discharge the de¬ 
fendant ; but otherwise, they or either of them must, by warrant, 
commit him to the county jail, or in the city of New York to the 
city prison of that city, until he be discharged by the county court 
of the county, or deliver an undertaking, as prescribed by the last 
section. 

If a reputed father of a bastard child, against whom an order of filiation 
has been made, shall not pay the amount for the costs of apprehending him 
and of the order of filiation, the justices may issue a warrant for his com¬ 
mitment, though he has executed a bond pursuant to the statute. And 
where such bond has been given, but the costs are not paid, the warrant 
should direct the father to be safely kept until discharged by the court of 
sessions or until he shall pay the costs. 

The People ex rel. The Overseers of the Poor of Hastings v. Stowell, 2 

’ Den. 127. 

In that case Judge Bronson says: “It is true that the 15th section com¬ 
mences by saying, that ‘ upon such bond being executed to the satisfaction of 
the justices, they shall discharge such person from his arrest;’ and it con¬ 
cludes by declaring that when committed to prison he shall remain there 

99 


§§ 147-150 


SUPPORT OF BASTARDS. 


Ch. v. 


Commitment of defendant; examination, etc. 

until discharged by the court of general sessions, or ‘ until he shall execute 
such bond;’ and in neither of those places is anything said about costs. But 
every statute must, if possible, be so construed that there will be harmony 
in all its provisions, and that can be done in this case. The words ‘ such 
bond,’ in both places where they occur, must be understood, of a bond, pre¬ 
ceded or accompanied by the payment of costs. This reading, while it does 
no violence to the language of the statute, will give effect to the manifest 
intention of the legislature. The Code of Criminal Procedure (§§ 851, 852) 
requires no such elliptical construction. Section 851 enacts that ‘ if the 
defendant be adjudged to be the father, he must immediately pay the amount 
certified for the costs of the arrest and order of filiation, and enter into an 
undertaking, with sufficient sureties, approved by the magistrates, to the 
effect,’ etc. Section 852 reads: ‘ Upon a compliance with the provisions of 

the last section, the magistrates must discharge the defendant; but other¬ 
wise they, or either of them, must, by warrant, commit him to the county 
jail,’ etc. A neglect or refusal to pay the costs of apprehension and filiation, 
is not ‘ a compliance with the provisions of the last section ’ any more than 
a neglect or refusal to give an undertaking would be.” 

The lying-in expenses and the costs of the order and appeal may be en¬ 
forced by attachment, where the bond of indemnity executed by the appellant 
under the order of sessions provides only against future expenses. 

Roy v. Targee, 7 Wend. 359. 

§ 147. Commitment of defendant, during examination.— Dur¬ 
ing the examination, and until the defendant is discharged by the 
magistrate, he must remain in custody of the officer who arrested 
him, unless an undertaking has been given for his appearance, as 
provided in sections 844 and 849; and when committed to prison, 
he must be actually confined therein. 

§ 148. Proceedings by magistrate when security is given by de¬ 
fendant on arrest out of the county.— When security taken out of 
the county, for the appearance of the defendant at the county court, 
as provided in section 844, is returned to the magistrate who is¬ 
sued the warrant, he must associate with himself another magis¬ 
trate of the same county, and the magistrates thus associated must 
proceed as provided in sections 848 to 850, both inclusive. 

§ 149. Examination in such case, and order thereon.— The ex¬ 
amination may be had, and the order of filiation made, in the ab¬ 
sence of the defendant, unless, before the order is made, he re¬ 
quire of the magistrate issuing the warrant, that the examination 
be had in his presence, in which case the examination must be had, 
as if the defendant had originally appeared. 

§ 150. Magistrate may compel mother to disclose the father of 
the bastard; proceedings, if she refuse.—In making an examination 
authorized by this chapter, the magistrate issuing the warrant, or 

100 


Ch. v. 


SUPPORT OF BASTARDS. 


§§ 151, 152 


If mother possesses property, etc. 

the magistrates making the examination, may compel the mother 
of a bastard, chargeable to a county, city or town, or a woman 
pregnant of a child likely to be born such, to disclose the name of 
the father of the bastard; or if she refuse to do so, may, by a war¬ 
rant setting forth the cause thereof, at the expiration of one 
month from her delivery, if sufficiently recovered, commit her to 
the county jail, or in the city of New York, to the city prison of 
that city, until she disclose the name of the father. 

Under the old statute of 1801, the power to commit a mother was not 
expressly given. It was at most nothing but an implied power. The case of 
►Scott v. Ely, 4 Wend. 555, was decided under that statute, and the court 
said: “The relief intended to be afforded could not be obtained in all cases 
unless the mother could be compelled to discover the putative father. Upon 
the principle that necessary powers are implied, it is correct, perhaps, to 
consider the justices clothed with the power to commit.” Under the section 
as it now stands the justice is given the express power to commit the mother 
of a bastard chargeable to a county, town or city, who refuses to disclose 
the name of the putative father. 


§ 151. If mother possesses property, two magistrates may make 
an order that she pay for the support of the child.— If the mother 
of a bastard, chargeable or likely to become chargeable, as pro¬ 
vided in section 810, be possessed of property in her own right, 
any two magistrates of the county or city where she is, on the 
application of any of the officers mentioned in that section, must 
examine into the matter, and may make an order charging the 
mother with the payment of money weekly, or otherwise, for the 
support of the bastard. 

The child does not cease to be chargeable to the town in consequence of 
the ability of the father or mother to maintain it. The mother is under no 
higher or stronger obligation to support her illegitimate child than the father 
is, and the father cannot escape the responsibility which has been fixed upon 
him by an order and recognizance by proving the ability of the mother to 
provide for the maintenance of the child. 

People v. Corbett, 8 Wend. 520, cited and approved in The People v. 

Haddock, 12 Wend. 475. 


§ 152. If she do not comply, she must be committed, or dis¬ 
charged on undertaking.— If, after service of the order upon the 
mother, she do not comply therewith, she must be committed to 
the county jail, or in the city of New York, to the city prison of 
that”city, until she comply, or enter into an undertaking, with 
sufficient sureties approved by the magistrates, to the effect that 
she will appear at the next term of the county court of the county, 
to answer the matters stated in the order, and obey its order 

101 


§§ 153-155 


SUPPORT OF BASTARDS. 


Ch. v. 


Magistrates may reduce amount. 

4 

thereon, or that the sureties will pay the sum mentioned in the 
undertaking, and which must be fixed by the magistrates. 

§ 153. Magistrates may reduce amount directed to be paid by 
the father or mother; county court may reduce or increase it.— The 

magistrates who may have made an order against the father or 
mother of a bastard, as provided in sections 850 and 857, may, 
from time to time, for good cause, reduce the amount therein di¬ 
rected to be paid, and upon the application of any of the officers 
mentioned in section 840, the county court of the county, upon 
ten days’ notice to those officers, or to the father and mother of 
the bastard, ma Tr reduce or increase the amount so directed to be 
paid. 


§ 154. Proceedings against absconding father or mother.— If 

the father or mother of a bastard, or of a child likely to be born 
such, abscond from their place of residence, leaving the bastard 
chargeable or likely to become chargeable to the public, a superin¬ 
tendent of the poor of the county, or an overseer of the poor or 
other officer of the alms-house of the town or city where the bas¬ 
tard was born, or is likely to be born, may apply to any two 
magistrates of the city or county where any property, real or per¬ 
sonal, of the father or mother may be, for authority to take the 
same. Upon due proof of the facts on oath, to the satisfaction of 
the magistrates, they must issue their warrant, and proceed there¬ 
on, in the manner provided in title VIII, of this part, in relation 
to persons absconding and leaving their children chargeable to the 
public. 

§ 155. Who may appeal, and in what cases.— A person deem¬ 
ing himself aggrieved by the order of two magistrates, made pur¬ 
suant to the last chapter, may appeal therefrom to the next term 
of the county court of the county; except that a person who has 
executed an undertaking to obey an order of filiation, and in¬ 
demnify the public, as provided in section 851, cannot appeal from 
any part of the order mentioned in section 850, than that which 
fixes the weekly or other allowance to be paid. 

Section 851 provides for two distinct kinds of undertakings, and is in the 
alternative, either that the defendant will pay the sum directed for the sup¬ 
port of the child, or will appear at the next court of sessions of the county 
to answer the charge and obey its order thereon. If an undertaking had 

102 


Ch. vi. 


SUPPORT OF BASTARDS. 


156, 157 


Appeal. 

been given as provided in the first part of section 851 for the payment of the 
weekly sum, the only question that can be raised is as to the amount of the 
allowance. But when the defendant gives an undertaking only for his ap¬ 
pearance, the court of general sessions is at liberty, upon the appeal, to 
review the entire order made by the magistrates. 

People ex rel. Commissioners v. Schildwachter, 87 Hun, 363. 

An appeal to the sessions does not lie by the superintendents of the poor 
of a county from an adjudication of two justices in favor of a party charged 
with being the father of a bastard child. 

People v. Tompkins Gen. Sessions, 19 Wend. 154. 

This case was decided under the sections of the Revised Statutes from 
which this section was taken. It seems evident that the practice has not 
been changed, and that the same rule now prevails. This case was followed 
in Thayer v. The Overseers of the Poor of Hamilton, 5 Hill, 443, where 
it was decided that the adjudication of justices in favor of a person charged 
with being the father of a bastard is a final decision, and that the public 
officers have no right to appeal. 

In Stowell v. Overseers of Volney, 5 Den. 101, the court cites Thayer v. 
Overseers, etc., of Hamilton, supra, and says: “ The principle of that de¬ 

cision commends itself to our sense of justice. The question whether he is 
the father, and, therefore, liable for such support, is, in some sort, a public 
question; and the trial upon a charge of that character, upon the complaint 
of any one town, and an acquittal upon such trial, should protect him against 
being harassed by other proceedings of the same character. He is found 
by such trial innocent of the fact which, in its consequences, is to charge him 
with the support of the child.” 


§ 156. Appeal, how taken. — When the father or mother of the 
bastard has entered into an undertaking for appearance at the 
next term of the county court of the county, as provided in sec¬ 
tions 851 and 858, it is an appeal from the order of filiation or 
maintenance, and no other notice thereof is necessary. In any 
other case, the appeal is taken, by a written notice of at least ten 
days before the court, to the magistrates who made the order, and 
to the party affected thereby, or to the officer at whose instance it 
was obtained. 

Where the undertaking, executed under the statute with a view to an 
appeal from an order of filiation, does not conform to the provisions of sec¬ 
tion 851 of the Code of Criminal Procedure, it is inoperative, and the court 
of sessions should dismiss the appeal. 

People ex rel. Downs v. Lindsay, 53 Hun, 234. 

Before the adoption of this section of the Code of Criminal Procedure, 
under the old Revised Statutes, it was decided, in the case of Stowell v. 
Overseers of Olney, 5 Den. 9S, that if a party charged as a father gives a 
bond to appear at the next general sessions, it operates as an appeal to the 
sessions. This is now expressly provided for in this section. 


§ 157. Papers to be transmitted by magistrates to county court. 

— The magistrates receiving an undertaking for appearance at 

103 


§§ 158-160 


SUPPORT OF BASTARDS. 


Ch. v. 


Hearing of case, etc. 

the county court must transmit it to the court before its opening, 
with a certified copy of the order appealed from. 

§ 158. Court to hear the case — Evidence on hearing.— The 

court must immediately, or at any other time it may appoint, pro¬ 
ceed to hear the allegations and proofs of the parties; and the 
party in whose favor the order was made, must support it by evi¬ 
dence. If the mother of the bastard be dead or insane, her testi¬ 
mony on the examination before the magistrates is receivable in 
evidence. 

The case of Stovall v. Overseers of Olney, 5 Den. 98, was where the 
defendant had been adjudged the putative father of a bastard in an action 
brought by one town, and appealed from the order of filiation. Before the 
appeal was consummated the mother moved into another town, and there 
gave birth to the child, which became a charge upon such town. The over¬ 
seers of the town instituting the first proceedings settled with the defendant. 
The overseer of the town into which the mother moved brought another action 
against the defendant, and the defendant pleaded res adjudicata. It was 
held that the proceedings in the first case, in which the appeal was taken, 
are incomplete until a decision by the general sessions. It is virtually a 
suit commenced before the justices and continued before the sessions, but 
which never reached a final adjudication. The adjustment which took place 
was a discontinuance, and is no bar to another suit. 

On an appeal to the sessions from an order of filiation, the appellant 
is not entitled to a trial by jury. 

Roy v. Targee, 7 Wend. 359. 

Appeals to courts of general sessions from orders made by magistrates 
respecting bastards, like appeals from district (justice’s) courts to county 
courts, involve a new trial, and it is only upon showing that the mother 
of the bastard is dead or insane that her former evidence will be admissible 
on such new trial. 

People ex rel. Commissioners v. Schildwachter, 87 Hun, 363. 

§ 159. Court may affirm, vacate or modify the order or adjourn 
the hearing till the bastard be born.— The court may affirm or 
vacate an order of filiation or maintenance, or may reduce or in¬ 
crease the sum ordered to be paid for the support of the bastard 
or its mother; and, disregarding defects in form in the order, must 
amend it according to the fact. If, when the appeal is heard, the 
bastard be not born, the court may adjourn the hearing, until it 
be born, and in that case, must take an undertaking from the 
party appealing, for his appearance, in such sum and with such 
sureties as the court may deem sufficient. 

§ 160. In what cases defendant to be discharged.— If the 

woman alleged to be pregnant, be not so or be married before her 
delivery, or the child be not born alive, the defendant must be 

104 


Ch. v. 


SUPPORT OF BASTARDS. 


§§ 161-165 


Order of court, etc. 

discharged from custody, or from the obligation of his undertak¬ 
ing, either by the court or magistrates, upon that fact being made 
to appear. 

§ 161. Order of the court on affirmance.— If, upon the hearing 
of the appeal, the county court affirm an order of filiation or main¬ 
tenance, it must require the defendant to enter into an undertaking, 
with sufficient surety, approved by the court, to the effect that he 
will pay, weekly or otherwise, according to the order as made by 
the magistrate or modified by the court, the sum directed for the 
support of the bastard, and of the mother during her confinement 
and recovery; and that he will indemnify the county, and town or 
city where the bastard was or may be born (as the case may be), 
and every other county, town or city, which may have been put to 
expense for the support of the child, or of its mother during her 
confinement and recovery against those expenses, or that the sure¬ 
ties will do so, not exceeding the sum mentioned in the undertak¬ 
ing, and which must be fixed by the court. 

§ 162. Commitment of defendant, if he fail to give undertak¬ 
ing.— If, on judgment of affirmance, the defendant do not enter 
into an undertaking, as provided in the last section, he must be 
committed to the county jail, or in the city of New York, to the 
city prison of that city, until he do so, or be discharged by the 
court. 

§ 163. Undertaking for appearance on appeal, when forfeited.— 

The undertaking for the appearance of the defendant, at the 
county court, upon an appeal, is forfeited by his neglect to appear, 
or to give the undertaking mentioned in the last two sections, un¬ 
less he be discharged by the court. 

§ 164. When mother bound to appear at the county court to 
proceed as upon an appeal; when the court may make an order 
against the mother, for support of the bastard.— When the mother 
of a bastard is bound to appear at the county court, or is commit¬ 
ted as provided in section 858, the court must proceed in respect 
to the matter, in the same manner as upon an appeal. 

§ 165. When the court may make an order against the mother, 
for the support of the bastard.— 1 f the court be satisfied that the 

105 


§§ 166, 107 


SUPPORT OF BASTARDS. 


Ch. v. 


Proceedings against mother; appeal, etc. 

mother has property in her own right, sufficient to enable her to 
support the bastard or contribute to its support, it must confirm 
the order mentioned in section 857, or may vary the sum ordered 
to be paid weekly or otherwise; or if not, it must discharge her 
from custody or from the obligation of her undertaking. 

§ 166. Proceedings against the mother, on affirmance or modifi¬ 
cation of such order. — If the court affirm or modify the order, as 
provided in the last section, it must require the defendant to enter 
into an undertaking, with sufficient sureties approved by the court, 
to the effect that she will pay, weekly or otherwise, according to 
the order, as made by the magistrates or modified by the court, 
the sum directed for the support of the bastard, or that the sureties 
will do so, not exceeding the sum mentioned in the undertaking, 
and which must be fixed by the court. If the undertaking be not 
given she must be committed in the manner provided in section 
868 . 


§ 167. Costs on appeal, when awarded and how paid.— The 

court must award costs to the party in whose favor an appeal is 
determined. When awarded against county superintendents or 
overseers of the poor of a town, not liable for the support of its own 
poor, they must be paid by the county treasurer, on delivering to 
him a certified copy of the order and of the taxed costs, and must 
be charged by him to the town in the same county, liable to sup¬ 
port the bastard, or if there be none, to the county. In the city 
of New York, when costs are awarded upon an appeal, to the per¬ 
son charged as the father or mother of the bastard, they must, upon 
the production of similar vouchers, be paid by the comptroller of 
that city, and charged to the appropriation made to the commis¬ 
sioners of charities and corrections thereof. 

Where a defendant lias been held on a trial before two justices of the 
peace by an order of filiation, and on appeal to the court of sessions such 
order has been vacated and the defendant held for trial on the merits, in 
which he is held not to be the father of the child, the costs are to be 
governed by section 3073 of the Code of Civil Procedure, the proceeding 
being analogous to that on an appeal from a justice’s court, where a new 
trial is had in the county court. 

Mayham v. Allen, 50 Hun, 343. 

Under the old Revised Statutes it was held that allowances could not be 
granted on an appeal from an order of filiation; that only the taxable costs 
as prescribed by statute for similar appeals could be allowed. 

Superintendent of the Poor of Ontario v. Moore, 12 Wend. 273 

106 


Ch. y. 


SUPPORT OF BASTARDS. 


§§ 168-172 


Older of filiation, etc. 

§ 168. Id.— In other cases, the payment of the costs may be 
enforced by the court, as in a civil action. If the party against 
whom they are awarded, reside out of the jurisdiction of the court, 
an action may be brought on the order, by the party entitled to 
the costs, in which the production of a certified copy of the order 
and of the taxed costs, is conclusive evidence. 

§ 169. When an order of filiation vacated, et cetera.— If the 

court vacate an order of filiation for any other cause than upon the 
merits, it must proceed, and may make an original order of filia¬ 
tion, in the manner prescribed in the second subdivision of section 
850, or bind the person charged, in an undertaking, in a sum and 
with sureties approved by the court, to appear at the next term 
of the county court. 

§ 170. If order of filiation be vacated, except on the merits, 
magistrates may proceed anew.— If the order be vacated for any 
other cause than on the merits, and the person charged be bound 
a^ provided in the last section, the same proceedings may be had 
by the magistrate, for the apprehension of the defendant, and for 
making an order of filiation, and for the commitment of the de¬ 
fendant for not giving an undertaking, as are authorized in the 
first instance. And the same proceedings must be subsequently 
had in all respects. 

§ 171. Court to inquire into circumstances of father or mother, 
committed for not giving undertaking to support the bastard. —When 
a person is committed to prison, charged as the father of a bastard, 
or of a child likely to be born a bastard, and when the mother 
cf a bastard is so committed, for not giving an undertaking to 
Mipport the bastard, or to indemnify the public, the court must 
inquire, from time to time, into the circumstances and ability of 
the father or mother to support the bastard and to produce security 
therefor. 

§ 172. A father or mother unable to support the bastard, may be 
discharged. — If the court be at any time satisfied that the father 
or mother is wholly unable to support the bastard, or to contribute 
to its support, or to procure security therefor, it may, in its dis¬ 
cretion, order the father or mother to be discharged from imprison¬ 
ment ; but if it shall thereafter at any time appear to the satisfac- 

107 


§§ 173-175 


SUPPORT OF BASTARDS. 

Notice before discharge. 


CH. V. 


tion of the court of general sessions of the county of New York, 
or to the county court of any other county, that the defendant has 
become and is able to contribute to the support of the bastard, and 
fails so to do, the court may revoke and vacate the. aforesaid order 
discharging the defendant from arrest, and may order him to be 
rearrested and may require him to give a new undertaking in the 
manner provided in subdivision one of section eight hundred and 
fifty-one of the code of criminal procedure, and upon his failure 
to give such undertaking shall commit him to jail in the manner 
provided in section eight hundred and fifty-two of the code of 
criminal procedure. 

Amended by L. 1904, chap. 520. In effect Sept. 1, 1904. 

§ 173. Notice before discharge, and examination of the matter. 

— Before granting the order, the court must be satisfied that rea¬ 
sonable notice has been given to the overseers of the poor, or to the 
county superintendents, or chief officers of the alms-house, at whose 
instance the party was committed, or the intention to apply for a 
discharge, and must hear the allegations and proofs of the super¬ 
intendents, overseers or officers, and may examine the party apply¬ 
ing on oath respecting the subject of the application. 

§ 174. Party cannot be discharged, but by the court. — A per¬ 
son committed, as provided in section 877, cannot be discharged 
from imprisonment, except by the county court of the county. 

§ 175. Court to order prosecution of undertaking, when for¬ 
feited — By whom prosecuted. — If an undertaking for the appear¬ 
ance at the county court of a person charged as the father or 
mother of a bastard, be forfeited, the court may order it to be 
prosecuted; and the sum mentioned therein may be recovered, and 
when collected, must, except in the city of New York, be paid to 
the county treasurer, and by him credited to the town in the same 
county, liable to the support of the bastard, or if there be none, 
to the county. In the city of New York, the court must order the 
undertaking to be* prosecuted by the commissioners of charities 
and corrections, and when collected it must be paid into the city 
treasury. In every other county, it must be prosecuted by the dis¬ 
trict attorney. 

The following section of the Code of Civil Procedure relates to the amount 
to be collected in an action upon a bond: 

108 


Ch. v. 


SUPPORT OF BASTARDS. 


§§ 176, 177 


Prosecution of undertaking, etc. 

§ 1915. A bond in a penal sum, executed within or without the state, 
and containing a condition to the effect, that it is to be void, upon per¬ 
formance of any act, has the same effect, for the purpose of maintaining 
an action or special proceeding, or two or more successive actions or special 
proceedings thereupon, as if it contained a covenant to pay the sum, or to 
perform the act, specified.in the condition thereof. But the damages to be 
recovered for a breach, or successive breaches, of the condition, cannot, in 
the aggregate, exceed the penal sum, except where the condition is for the 
payment of money; in which case, they cannot exceed the penal sum, with 
interest thereupon, from the time when the defendant made default in the 
performance of the condition. 


§ 176. In whose name undertaking to be prosecuted. — When 
an undertaking to obey an order, in relation to the support of a 
bastard, or of a child likely to be born a bastard, or of its mother, 
is forfeited, it may be prosecuted in the name of the county super¬ 
intendents of the county, or the overseers of the poor of the town, 
which was liable for the support of the bastard, or which may 
have incurred any expense in the support of the bastard, or of its 
mother, during her confinement or recovery; or in the city of New 
York, in the name of the corporation of that city. 

The action by this section is expressly to be brought by the superintendent 
or overseer of the poor, and it, therefore falls within the exception of sec¬ 
tion 1984tion 1984 of the Code of Civil Procedure, and the general rule laid 
down in such section does not apply. 

Tillotson v. Martin, 40 Hun, 316. 

In an action on the undertaking under this section, an order of filiation 
is conclusive, unless it has been appealed from, and an undertaking given 
as provided in subdivision 2 of section 851, ante. The order of filiation 
is equivalent to a judgment that the defendant should pay the weekly sum 
mentioned therein. It rests with the defendant to show himself exonerated 
from the payment in order to avoid the recovery against him. 

Walls worth v. Mead, 9 Johns. 367. 

§ 177. Evidence in the action and measure of damages. — In the 

action mentioned in the last section, it is not necessary to prove 
the actual payment of money by a county superintendent, overseer 
of the poor, officer of an alms-house, or other person; but the neg¬ 
lect to pay a sum ordered to be paid by competent authority, for 
the support of the bastard, or of its mother, is a breach of the 
undertaking, and the measure of the damages is the sum ordered 
to be paid, and which was withheld at the time of the commence¬ 
ment of the action, with interest thereon. 

This action is legislative declaration of the principle as to measure of 
damages laid down in the cases of Wallsworth v. Mead, 9 Johns. 367; Rocke- 
feller v. Donnelly, 8 Cow. 623; People v. Corbett, 8 Wend. 520; People v. 
Haddock, 12 id. 475. In view of the provisions of this section the plea of 
damnificatus would be no answer in an action upon undertakings in 

109 


non 


§§ 178-180 


SUPPORT OF BASTARDS. 


Ch. v. 


New action brought, costs, etc. 

bastardy proceedings. The sum ordered to be paid and not the sum paid 
for the support of a bastard child is the measure of damages. 

Upon this question and as to the justice of the application of this rule 
see Gilbert v. Wiman, 1 N. Y. 554. 

§ 178. For a subsequent breach of the undertaking, new action 
may be brought. — For a breach of the undertaking, after the re¬ 
covery of damages or the commencement of an action, another 
action may, in the same manner, be brought. The money collected 
upon the undertaking must be paid, and credited, in the manner 
provided in section 881. 

§ 179. Costs, how recovered, when awarded against the plain¬ 
tiff.— If, in the action, costs be awarded against the plaintiffs, 
they may be recovered, as follows: 

1. If against the corporation of the city of New York, in the 
same manner as in any other action; 

2. If against county superintendents or overseers of the poor, 
they must, upon the delivery of a transcript of the judgment, be 
paid by the county treasurer, and by him charged to the town in 
the same county, liable for the support of the bastard, or if there 
be none, to the county. 

§ 180. Action may be maintained on the order, etc. — An action 
may be maintained by the parties authorized by section 882, upon 
an order made by two magistrates, or a county court, for the pay¬ 
ment of a sum weekly or otherwise, for the support of the bastard 
or its mother, notwithstanding an undertaking may have been 
given to comply with the order; and in case of the death of the 
person against whom the order was made, an action may be main¬ 
tained thereon against his executors or administrators. But when 
an undertaking is given to appear at the next term of the county 
court, no action can be brought on the order until it is affirmed by 
the court. 


no 


CHAPTER SIX. 


INSANE, DEAF, DUME AND BLIND. 


§181. Proceedings to determine in¬ 
sanity. 

§182. Support of poor insane. 

§183. Board of claims to fix value of 
buildings. 

§184. Commission for appraisal of 
lands. 

§185. Costs of commitment. 

§186. Duties of local officers. 

§187. Expenses of female attendant. 
§188. Insane convicts. 

§189. Transfer from hospitals. 

§190. Duty of certain officers to ap¬ 
ply- 

§191. Appointment of commission. 
§192. Decision. 

§193. Same. 

§194. Same. 

§195. Expenses. 

§196. Costs of commission. 

§197. Inquiry by judge. 

§198. County charge. 

§199. Blind institutions. 


§200. Clothing. 

§201. Charges against county. 

§202. Counties, how reimbursed. 

§203. State institutions. 

§204. Application for admission. 

§205. Clothing and support. 

§206. Indigent pupils. 

§207. Deaf mutes. 

§208. Application of parents. 

§209. County charge. 

§210. Same to be raised by tax. 

§211. Institution for instruction. 
§212. Extension of prior act. 

§213. Money for clothing. 

§214. Application for admission. 
§215. Powers of supervisors. 

§216. State pupils in institutions. 
§217. Supervisors, etc., to make ap¬ 
pointments. 

§218. List of deaf and dumb to be 
furnished. 

§219. Verification of bills. 


§ 181. Proceedings to determine the question of insanity.— Any 

person with whom an alleged insane person may reside or at 
whose he may be, or the father or mother, husband or wife, 
brother or sister, or the child of any such person, and any overseer 
of the poor of the town, and superintendent of the poor of the 
county in which any such person may be, may apply for such 
order, by presenting a verified petition containing a statement of 
the facts upon which the allegation of insanity is based, and be¬ 
cause of which the application for the order is made. Such peti¬ 
tion shall be accompanied by tile certificate of lunacy of the med¬ 
ical examiners, as prescribed in the preceding section. Notice of 
such application shall be served personally, at least one day before 
making such application, upon the person alleged to be insane, and 
if made by an overseer or superintendent of the poor, also upon 
the husband or wife, father or mother or next of kin of such 
alleged insane person, if there be any such known to be residing 
within the county, and if not, upon the person with whom such 

111 


§ 181 


Ch. vi. 


INSANE, DEAF, DUMB AND BLIND. 

Proceedings to determine question of insanity. 

alleged insane person may reside, or at whose house he may be. 
The judge to whom the application is to be made may dispense 
with such personal service, or may direct substituted service to 
be made upon some person to be designated by him. He shall 
state in a certificate to be attached to the petition his reason for 
dispensing with personal service of such notice, and if substituted 
service is directed, the name of the person to be served therewith. 
The judge to whom such application is made may, if no demand 
is made for a hearing in behalf of the alleged insane person, pro¬ 
ceed forthwith to determine the question of insanity, and if 
satisfied that the alleged insane person is insane, may immediately 
issue an order for the commitment of such person to an institu¬ 
tion for the custody and treatment of the insane. If, however, 
it appears that such insane person is harmless and his relatives 
or a committee of his person are willing and able to properly 
care for him, at some place other than such institution, upon their 
written consent, the judge may order that he be placed in the 
care and custody of such relatives or such committee. Such 
judge may, in his discretion, require other proofs in addition to 
the petition and certificate of the medical examiners. Upon the 
demand of any relative or near friend in behalf of such alleged 
insane person, the judge shall, or he may upon his own motion, 
issue an order directing the hearing of such application before 
him at a time not more than five days from the date of such 
order, which shall be served upon the parties interested in the 
application and upon such other persons as the judge, in hi 3 
discretion, may name. Upon such day, or upon such other day 
to which the proceeding shall be regularly adjourned, he shall 
hear the testimony introduced by the parties and examine the 
alleged insane person if deemed advisable, in or out of court, and 
render a decision in writing as to such person’s insanity. If it be 
determined that such person is insane, the judge shall forthwith 
issue his order committing him to an institution for the custody 
and treatment of the insane, or make such other order as is pro¬ 
vided in this section. If such judge can not hear the applica¬ 
tion he may, in his order directing the hearing, name some 
referee, who shall hear the testimony and report the same forth¬ 
with, with his opinion thereon, to such judge, who shall, if satis¬ 
fied with such report, render his decision accordingly. If the 
commitment be made to a state hospital, the order shall be ac¬ 
companied by a written statement of the judge as to the finan- 

112 


Oh. vi. INS AXE, DEAF, DUMB AND BLIND. § 181 

Proceedings to determine question of sanity. 

cial condition of the insane person and of the persons legally 
liable for his maintenance as far as can be ascertained. The 
superintendent of such state hospital shall be immediately noti¬ 
fied of such commitment, and he shall, at once, make provisions 
for the transfer of such insane person to such hospital. The 
petition of the applicant, the certificate in lunacy of the medical 
examiners, the order directing a further hearing as provided 
in this section, if one be issued, and the decision of the judge 
or referee, and the order of commitment shall be presented at the 
time of the commitment to the superintendent or person in charge 
of the institution to which the insane person is committed and 
verbatim copies shall he forwarded by such superintendent or 
person in charge and filed in the office of the state commission 
in lunacy. The relative, or committee, to whose care and cus¬ 
tody any insane person is committed, shall forthwith file the 
petition, certificate and order, in the office of the clerk of the 
county where such order is made, and transmit a certified copy 
of such papers, to the commission in lunacy, and procure and re¬ 
tain another such certified copy. The superintendent or person 
in charge of any institution for the care and treatment of the 
insane may refuse to receive any person upon any such order, if 
the papers required to be presented shall not comply with the 
provisions of this section, or if in his judgment, such person is not 
insane within the meaning of this statute, or if received, such 
person may be discharged by the commission. No person shall 
be admitted to any such institution under such order after the 
expiration of five days from and inclusive of the date thereof. 
Notwithstanding the requirements of this section that an alleged 
insane person be duly committed by an order of the court, in 
a case where the condition of such person is such that it would 
be for his benefit to receive immediate care and treatment, or 
if he is dangerously insane so as to render it necessary for public 
safety that he be immediately confined, he shall be forthwith 
received by a state institution authorized by law to care for 
the insane. In such case such insane person shall be so received 
by such institution upon a certificate of lunacy, executed by two 
medical examiners in lunacy after the examination and in the 
manner provided in the preceding section, and upon a petition 
made by the person authorized by this section to apply to a 
court for an order of commitment. By virtue of such certificate 
of lunacy and such petition such insane person may be retained 
8 " 113 


§ 182 INSANE, DEAF, DUMB AND BLIND. Ch. vi. 

Liability for care of poor, etc. 

in such institution for a period not to exceed five days. Prior 
to the expiration of such time an order for his commitment 
must be obtained in the manner provided by this section. The 
certificate of lunacy executed by such physicians must contain 
adequate reasons why the insane person should be immediately re¬ 
ceived in an institution for the insane for treatment. The super¬ 
intendent or person in charge of any such institution may refuse 
to receive such insane person upon such certificate and petition, 
if in his judgment the reasons stated in the certificate, or the con¬ 
dition of the patient, are not sufficient, or is not of such character, 
as to make it necessary that the patient should receive immediate 
treatment. 

Insanity Law, § 62, as am’d by Laws 1903, chap. 146. 

§ 182. Liability for care and support of poor and indigent in¬ 
sane.— All poor and indigent insane persons not in confinement 
under criminal proceedings, shall, without unnecessary delay, be 
transferred to a state hospital and there wholly supported by 
the state. The costs necessarily incurred in the transfer of 
patients to state hospitals shall be a charge upon the state. The 
commission shall secure from the patient’s estate and from rela¬ 
tives or friends who are liable or may be willing to assume the 
cost of support of inmates of state hospitals supported by the 
state, reimbursement, in whole or in part of the money thus 
expended, either directly or through the treasurers of the respec¬ 
tive hospitals, as provided in section forty-two of this act. The 
commission may appoint agents, whose duty it shall be to secure 
from relatives and friends who are liable therefor, or who may 
be willing to assume the cost of support of any of the inmates of 
state hospitals as are being supported by the state, reimburse¬ 
ment in whole or in part of the money so expended. The com¬ 
pensation of each agent shall not exceed five dollars a day, and 
the necessary traveling and other incidental expenses incurred 
by him, to be approved by the comptroller. The commission may 
fix a rate to be paid for the support of inmates of state hospitals 
by relatives liable for such support or by those not liable for 
such support, but willing to assume the cost thereof; but such 
rate shall be sufficient to cover a proper proportion of the cost 
of maintenance and of necessary repairs and improvements. The 
maintenance of any inmate of a state hospital committed thereto 
upon a court order arising out of any criminal action or proceeding- 

lid 


Ch. vi. INSANE, DEAF, DUMB AND BLIND. §§ 183, 184 

Buildings taken, appraisal of lands. 

shall be paid by the county from which such inmate was com¬ 
mitted. (As amended by chap. 380 of 1900 and chap. 546 of 
1901.) 

Insanity Law, § 65. 

§ 183. Board of claims to fix value of certain buildings 
taken.— The board of supervisors of any county owning a build¬ 
ing or buildings which were used solely as a county insane asylum 
for a period of not more than fifteen years immediately prior to 
the time of the transfer to the state of the care of the insane of 
such county, pursuant to chapter one hundred and twenty-six of 
the laws of eighteen hundred and ninety and the acts amendatory 
thereof and supplemental thereto, and which asylum has not been 
purchased by or transferred to the state in pursuance of law, 
may, within two years after this act takes effect, present to the 
state board of claims a claim for the value of such building or 
buildings at the time of the actual transfer to the state of the 
insane of such county. Jurisdiction is hereby conferred upon the 
state board of claims to hear, audit and determine such claim, 
and award to the county the amount to which such board may 
deem it justly entitled. In estimating such amount, the board 
of claims shall determine the value of such building or buildings 
at the time of such transfer of the insane, but may also take 
into account the use to which such building or buildings have 
been put by the county since such time, their availability for 
county purposes other than the care of the insane and the proba¬ 
bility of their use for such purposes by the county in the future. 

Laws 1896, chap. 481. 

§ 184. Commission for appraisal of value of lands, etc. — In any 

case where a county, other than New York, Kings or Monroe has 
erected a building or buildings to be used solely as a county 
asylum for the insane, or has purchased real estate for the pur¬ 
pose of erecting such a building and has been permitted to so 
use the same either by act of the legislature or authorization from 
the State board of charities, the value of said real estate, or of 
said building or buildings and the land upon which it or they 
stand, shall be appraised by a commission to consist of the comp¬ 
troller, the State engineer and surveyor and the president of the 
State board of charities who are hereby created a commission for 
that purpose, and the comptroller is hereby authorized and di- 

115 


C'h. vi. 


§§ 185, 186 INSANE, DEAF, DUMB AND BLIND. 

Costs of commitment; duties, etc. 

rected, subject to the approval of the legislature, to accept the 
title to the same on behalf of the State in case the board of 
supervisors of the county elects to sell the same to the State at 

such appraised value. 

Laws 1890, chap. 461, § 1. 

§ 185. Costs of commitment. — The costs necessarily incurred 
in determining the question of the insanity of a poor or indigent 
or other person under this act, or under section twenty-six, chapter 
four hundred and forty-six of the laws of eighteen hundred and 
seventy-four, including the fees allowed by the judge or justice 
ordering the commitment to the medical examiners or medical 
examiners or medical witnesses called by him and other necessary 
expenses, and in securing the admission of such person into a state 
hospital and the expense of providing proper clothing for such 
person in accordance with the rules and regulations adopted by 
the commission, shall he a charge upon the town, city or county 
securing the commitment; but in the city of New York all 
fees of medical examiners and medical witnesses appointed or 
called by a judge of any court in said city for the purpose 
of determining the question of the insanity of any such person, 
and not heretofore paid, may be audited and allowed in the 
first instance either by the judge or justice appointing the medical 
examiners or by the comptroller of said city and shall be paid 
by the chamberlain of said city on the warrant of the comptroller 
from the court fund and charged to the proper county within said 
city; if the person sought to be committed is not a poor or indigent 
person, the costs and expenses of the proceeding to determine his 
insanity and secure his commitment paid by any town, city 
or county may be collected by it from the estate of such person, 
or from the persons legally liable for his maintenance, and the 
same shall be a charge upon the estate of such person, or the 
same shall be paid by the persons legally liable for his main¬ 
tenance. 

Insanity Law, § 64, as am’d Laws 1904, chap. 428. 

§ 186. Duties of local officers in regard to their insane. — All 

county superintendents of the poor, overseers of the poor and 
other city, town or county authorities, having duties to perform 
relating to the insane poor, are charged with the duty of seeing 
that all poor and indigent insane persons within their respective 

116 


Ch. vi. INSANE, DEAF, DUMB AND BLIND. § 187 

Expense of female attendant. 

municipalities, are timely granted the necessary relief conferred 
by this chapter, and, when so ordered by a judge, as herein 
provided, or by the commission, shall see that they are, without 
unnecessary delay, transferred to the proper institutions provided 
for their care and treatment as the wards of the state. Before 
sending a person to any such institution, they shall see that he is 
in a state of bodily cleanliness and comfortably clothed with 
suitable or new clothing, in accordance with the regulations pre¬ 
scribed by the commission. The commission may, by order, direct 
that any person it deems unsuitable therefor shall not be so em¬ 
ployed or act as such attendant. Each patient shall be sent to the 
state hospital, within the district embracing the county from 
which he is committed, except that the commission may, in their 
discretion, direct otherwise, but private or public insane patients, 
for whom homeopathic care and treatment may be desired by their 
relatives, friends or guardians, may be committed to the Mid¬ 
dletown State Homeopathic hospital, or the Gowanda State 
Homeopathic hospital, from any of the counties of the state, in 
the discretion of the judge granting the order of commitment ; 
and the hospital to which any patient is ordered to be sent shall, 
by and under the regulations made by such commission, send a 
trained attendant to bring the patient to the hospital. Each 
female committed to any institution for the insane shall be ac¬ 
companied by a female attendant, unless accompanied by her 
father, brother, husband, or son. After the patient has been 
delivered to the proper officers of the hospital, the care and 
custody of the municipality from which he is sent shall cease. 

Insanity Law, § 67, as am’d by Laws 1899, chap. 481; Laws 1903, chap. 

146. 

§ 187. Expenses of female attendant a county charge. — It is 

provided that every insane or feeble-minded female committed 
to an asylum shall have at least one woman attendant while in 
custody and in going to the asylum. The expenses of such at¬ 
tendant is a charge upon the city or county from which such 
insane or feeble-minded person was committed. 

She shall also be attended while transferring from one institu¬ 
tion to another or from any hospital or public institution to a 
point outside of the city, village or town where said hospital or 

institution is located. 

Laws 1890, chap. 40, §§ 1, 2, 3. 

117 


Ch. vi. INSANE, DEAF, DUMB AND BLIND. 188, 189 

Transfer of insane convicts. 

§ 188. Transfer of insane convicts to the Matteawan State 
Hospital.— Whenever the physician of the State prison for women, 
any county penitentiary or workhouse, any reformatory for wo¬ 
men, or of the state reformatory or any other penal institutions 
shall report in writing to the warden or other officer in charge 
thereof, that any person undergoing a sentence of one year or 
less or convicted of a misdemeanor, or any female convict con¬ 
fined therein is, in his opinion, insane, such warden or other 
officer shall apply to a judge of a court of record to cause an 
examination to be made of such person by two legally qualified 
examiners in lunacy, other than a physician connected with such 
state prison, penitentiary, reformatory or penal institution. 
Such examiners shall be designated by the judge to whom the 
application is made. Such examiners if satisfied, after a per¬ 
sonal examination, that such convict is insane, shall make a 
certificate to such effect in the form" and manner prescribed bv 
this chapter for the commitment of insane persons to state hos¬ 
pitals. Such warden or other person in charge shall apply to a 
judge of a court of record for an order transferring such convict 
to the Matteawan state hospital, accompanying such application 
with such certificate in lunacy. Such judge, if satisfied that 
such convict is insane, shall issue such order of transfer, and 
such warden or other officer in charge shall thereupon cause 
such convict to be transferred to the Matteawan state hospital 
and delivered to the medical superintendent thereof. At the 
time of such transfer, the certificate in lunacy and order of trans¬ 
fer shall be presented to such medical superintendent. Such 
insane convict shall be received into such hospital and retained 
there until legally discharged. Such warden, or other officer in 
charge, before transferring such insane convict, shall see that 
he is bodily clean and is provided with a new suit of clothing 
similar to that furnished to convicts on their discharge froi i 
prison. The costs necessarily incurred in determining the ques¬ 
tion of insanity, including the fees of the medical examiners, 
shall be a charge upon the state or the municipality at whose 
expense the institution from which the transfer is made or sought 
to be made is maintained. 

Insanity Law, § 97, as am’d by Laws of 1904, chap. 525. 

§ 189. Transfers from State hospitals to Matteawan State Hos¬ 
pital. — The commission may, by order in writing, transfer to the 

118 


Ch. vi. INSANE, DEAF, DUMB AND BLIND. §§ 190, 191 

Duties of certain officers, etc. 

Matteawan state hospital, any insane inmate of a state hospital 
committed thereto upon the order of a court of criminal jurisdic¬ 
tion or of a judge or justice of such a court; or any patient who 
has previously ben sentenced to a term of imprisonment in any 
penal institution, and who still manifests criminal tendencies or 
any such patient who has previously been an inmate of the 
Matteawan state hospital. From and after October first, nine¬ 
teen hundred and four, all persons then inmates of the Matteawan 
state hospital, and all persons thereafter committed to its custody, 
shall be a charge upon the state. 

Insanity Law, § 101, as am’d Laws 1904, chap. 525. 

§ 190. Duty of certain officers to apply, etc. — Where the in¬ 
competent person has property, which may be endangered in con¬ 
sequence of his incompetency, and no relative or other person 
applies for the appointment of a committee of his property, the 
overseer or superintendent of the poor of the town, district, county, 
or city, in which he resides, or, where there is no such officer, the 
officer or officers performing corresponding functions under an¬ 
other official title, must apply to the proper court, for the appoint¬ 
ment of such a committee. The expenses of conducting the pro¬ 
ceedings thereupon must be audited and allowed, in the same man¬ 
ner as other official expenses of those officers are audited and 
allowed. 

Code Civ. Pioc., § 2324. 

§ 191. Appointment of commission — their proceedings.— 

When a defendant pleads insanity, as prescribed in section three 
hundred and thirty-six, the court in which the indictment is 
pending, instead of proceeding with the trial of the indictment, 
may appoint a commission of not more than three disinterested 
persons to examine him and report to the court as to his sanity 
at the time of the commission of the crime. 

If a defendant in confinement, under indictment, appears to 
be, at any time before or after conviction, insane, the court in 
which the indictment is pending, unless the defendant is under 
sentence of death, may appoint a like commission to examine him 
and report to the court as to his sanity at the time of the ex¬ 
amination. 

The commission must summarily proceed to make their exam¬ 
ination. Before commencing they must take the oath prescribed 

119 


Ch. vi. 


§§ 192-195 INSANE, DEAF, DUMB AND BLIND. 

Committed to state asylum, etc. 

in the Code of Civil Procedure to be taken by referee. They 
must be attended by the district attorney of the county, and may 
call and examine witnesses and compel their attendance. The 
counsel of the defendant may take part in the proceedings. 
When the commissioners have concluded their examination they 
must forthwith report the facts to the court with their opinion 
thereon. 

§ 192. If found insane, trial or judgment suspended, and defend¬ 
ant to be committed to State lunatic asylum, if his discharge be dan¬ 
gerous to the public peace or safety. — If the commission find the 
defendant insane, the trial of judgment must be suspended until 
he becomes sane; and the court, if it deem his discharge danger¬ 
ous to the public peace or safety, must order that he be, in the 
mean time, committed by the sheriff to a state lunatic asylum; 
and that upon his becoming sane, he be re-delivered by the super¬ 
intendent of the asylum to the sheriff. 

§ 193 . If defendant committed, bail exonerated or deposit of 
money refunded. — The commitment of the defendant, as men¬ 
tioned in the last section, exonerates his hail, or entitled a person 
authorized to receive the property of the defendant to a return of 
any money he may have deposited instead of bail. 

§ 194. Detention of defendant in asylum, add proceedings on his 
becoming sane.— If the defendant be received into the asylum, he 
must be detained there until he becomes sane. When he be¬ 
comes sane, the superintendent must give a written notice of that 
fact to a judge of the supreme court of the district in Avhich the 
asylum is situated. The judge must require the sheriff without 
delay to bring the defendant from the asylum and place him in the 
proper custody until he be brought to trial, judgment, or execu¬ 
tion as the case may be, or be legally discharged. 

§ 195. Expenses incident to sending defendant to asylum, how 
paid. — The expenses of sending the defendant to asylum, of keep¬ 
ing him there, and of bringing him back, are, in the first instance, 
chargeable to the county from which he was sent; but the county 
may recover them from the estate of the defendant, if he have any, 
or from a relative, town, city, or county, bound to provide for and 
maintain him elsewhere. 


120 


On. vi. INSANE, DEAF, DUMB AND BLIND. §§ 196, 197 

Costs of commission, etc. 

The cost of any commission of lunacy, pursuant to the pro¬ 
visions of this article, shall be a charge upon the county in which 
the commission shall have been executed. The commissioners are 
entitled to such compensation for their services as the court may 
direct. 

Code of Crim. Proc., §§ 658-662a. 

§ 196. Costs of commission. — The costs of any commission of 
lunacy appointed pursuant to the provisions of this article shall be 
a charge upon the county in which the same shall have been 
executed; and the certificate of the court by which such commis¬ 
sion shall have been appointed shall constitute a legal voucher 
thereof in the hands of the county treasurer. Provided, neverthe¬ 
less, that the costs of all commissions appointed by the governor 
shall be defrayed from the fund appropriated for the contingent 
expenses of the executive department. 

Laws 1874, chap. 446, tit. 1, art. 2, § 22, as am’d by chap. 574, Laws 
1875, § 2. 

§ 197. Inquiry by judge and proceedings as to criminal pris¬ 
oners, etc. — If any person in confinement under indictment or un¬ 
der sentence of imprisonment, or under a criminal charge, or for 
want of bail for good behavior, or for keeping the peace, or for 
appearing as a witness, or in consequence of any summary convic¬ 
tion, or by order of any justice, or under any other than civil 
process, shall appear to be insane, the county judge of the county 
where he is confined shall institute a careful investigation, call two 
legally qualified examiners in lunacy, neither of whom shall be a 
physician connected with the institution in which such person, so 
to be examined, is confined, and other credible witnesses, invite the 
district attorney to aid in the examination, and if he deem it neces¬ 
sary, call a jury, and for that purpose is fully empowered to com¬ 
pel the attendance of witnesses and jurors, and if it be satisfacto¬ 
rily proved that he is insane, said judge may discharge him from 
imprisonment and order his safe custody and removal to a State 
asylum, where he shall remain until restored to his right mind, 
and then the superintendent shall inform the said judge and dis¬ 
trict attorney so that the person so confined may, within sixty days 
thereafter, be remanded to prison and criminal proceedings re¬ 
sumed or otherwise discharged, or if the period of his imprison¬ 
ment shall have expired, he shall be discharged. When such per¬ 
son is sent to an asylum, the county from which he is sent shall 

121 


§§ 198, 199 INSANE, DEAF, DUMB AND BLIND. Ch. vi. 

Admission of pupil, etc. 

defray all his expenses while there, and of sending him back if 
returned, but the county may recover the amount so paid from his 
own estate, if he have any, or from any relative, town, city or 
county that would have been bound to provide for and maintain 
him elsewhere. The fees of the medical examiners called as wit¬ 
nesses, and the other necessary expenses for such investigation 
shall be audited and allowed at a reasonable sum by said judge, 
and upon the presentation of the order made by him, such fees 
and expenses shall be paid by the county treasurer of the county 
where such person is confined, as a county charge. The commis¬ 
sion in lunacy may, by order in writing, transfer any insane in¬ 
mate of a State hospital, committed thereto upon the order of a 
court of criminal jurisdiction, or of a judge or justice of such a 
court, to the Matteawan State Hospital, and the county in which 
the criminal charge arose, or conviction or acquittal Avas had, shall 
defray all the expenses of such person while at the Matteawan 
State Hospital and the expenses of returning him to such county. 

Laws 1874, chap. 446, tit. 1, art. 2. § 26. as am’d by chap. 451, Laws of 
1897; as am’d. by chap. 417, Laws of 1898. 

§ 198. Admission of pupil — when county charge. —The persons 
Avho shall be entitled to the benefits of this institution shall be 
admitted in the order of their application for admission, except 
that the blind children of those who shall have died in the military 
service of the United States, or from wounds or injuries received 
therein during the present rebellion, shall in all cases have a pref¬ 
erence; except, however, that each county shall be entitled to 
admission for its blind population in indigent circumstances in 
the same proportion which the Avhole number of its blind popula¬ 
tion shall bear to the whole blind population of the State, which 
proportion shall be determined by the trustees; provided, how¬ 
ever, that for each person sent to any county, such county shall 
pay the annual sum of fifty dollars toAvard the support of such 
person. 

Laws 1865, chap. 587, § 12; 1 R. S. 286. 

The above applies to the Batavia school. Application is made to a justice 
of the supreme court or the county judge of the county where applicant 
resides. 

Id., § 11. 

§ 199. Applications to New York State Institution for the 
Blind. — Applications for admission into the institution shall be 

122 


Ch. vi. 


INSANE, DEAF, DUMB AND BLIND. §§ 200, 201 

Clothing, etc. 

made to the board of trustees in such a manner as they may direct, 
but the board shall require such application to be accompanied by 
a certificate from the county judge or county clerk of the county, 
or the supervisor or town clerk of the town, or the mayor of the 
city where the applicant resides, setting forth that the applicant 
is a legal resident of the town, county and State claimed as his or 
her residence. 

Laws 1867, chap. 744, § 3; 1 R. S. 287. 

§ 200. Clothing, burial expenses, etc.— [f the friends of any 
pupil from within the State of New York shall fail through neglect 
or inability to provide the same with proper clothing or with funds 
to defray his or her necessary traveling expenses to and from the 
institution, or to remove him or her therefrom, as required in the 
preceding section, the trustees shall furnish such clothing, pay such 
traveling expenses, or remove such pupil to the care of the over¬ 
seers of the poor of his or her township, and charge the cost of the 
same to the county to which the pupil belongs, provided that the 
annual amount of such expenditures on account of any one pupil 
shall not exceed the sum of sixty dollars. And in case of the 
death of any pupil at the institution, whose remains shall not be 
removed or funeral expenses borne by the friends thereof, the 
trustees shall defray the necessary burial expenses, and charge the 
same to his or her county as aforesaid. Upon the completion of 
their course of training in the industrial department, the trustees 
may furnish to such worthy poor pupils as may need it, an outfit 
of machinery and tools for commencing business, at a cost not 
exceeding seventy-five dollars each, and charge the same to the 

proper county, as aforesaid. 

Laws 1867" chap. 744; 1 R. S. 288. 

§ 201. Charges against county.— On the first day of October 
in each year, the trustees shall cause to be made out against the 
respective counties concerned, itemized accounts, separate in each 
case, of the expenditures authorized by the preceding section of 
this act, and forward the same to the board of supervisors charge¬ 
able with the account. The board shall thereupon direct the 
county treasurer to pay the amount so charged to the treasurer of 
the institution for the blind, on or before the first day of March 

next ensuing. 

1867 chap. 744. § 15. 


123 


§§ 202-204 INSANE, DEAF, DUMB AND BLIND. Ch. vt. 

Counties, how reimbursed, etc. 

§ 202. Counties, how reimbursed. — The counties against 
which the said accounts shall be made out as aforesaid, shall cause 
their respective treasurers, in the name of their respective coun¬ 
ties, to collect the same, by legal process, if necessary, from the 
parents or estates of the pupils who have the ability to pay, on 
whose account the said expenditures shall have been made; pro¬ 
vided, that at least five hundred dollars’ value of the property of 
such parents or estate shall be exempt from the payment of the 

accounts aforesaid 

Laws 1867, chap. 744, § 16. 

§ 203. State and New York institutions. — The New York In¬ 
stitution for the Blind shall continue to have the custody, charge, 
maintenance and education of all such pupils as are now intrusted 
to them by the State, and of any others who may be appointed 
prior to the opening of the State institution at.Batavia; and shall 
receive compensation from the State for the maintenance, educa¬ 
tion and support of said pupils in the same manner as is now, or 
has heretofore been provided, and shall receive the same amount 
per capita from the counties from which said pupils are respect¬ 
ively appointed as is now paid, for their clothing, until such period 
as the New York State Institution for the Blind shall be ready to 
receive such pupils, and shall then, without reference to the term 
of years for which said pupils have been appointed under existing 
laws, and received by said New York Institution for the Blind, 
transfer said pupils to said State instituiton; provided, however, 
that they shall retain and continue to recive all pupils heretofore 
appointed or hereafter to be appointed, from the counties of New 
York and Kings, under the appointment of the superintendent of 
public instruction, in like manner as is now provided by law, to be 
received, maintained and educated by the said New York Institu¬ 
tion for the Blind, which shall be compensated for their mainte¬ 
nance and education by the State; and for their clothing bv the 
counties from which they are appointed, in like manner as is now 
done. 

Laws 1867, chap. 744, § 22. 

§ 204. Application for admission to New York Institution for 
the Blind. —Application for admission into the institution shall 
be made to the board of managers, and each application shall set 
forth the age," the fact of blindness, and that the applicant is 
a legal resident of the town, county and State claimed as his or 

124* 


Ch. vi. 


INSANE, DEAF, DUMB AND BLIND. §§ 305, 206 


Clothing, etc. 

her residence, with such other information as the board maj re¬ 
quire; and each application shall be sworn to by the applicant, or 
his or her parents or guardian, and shall be signed by at least one 
member of the board of supervisors of the county in which the 
applicant may reside, and also he recommended by the president 
and superintendent of the said institution, and transmitted by the 
said institution to the superintendent of public instruction. 

Laws 1870, chap. 106, § 2. 

§ 205. Clothing and support of State pupils.— The supervisors 
of the county * of New York or Kings, Queens and Suffolk, from 
which State pupils shall be sent to and received in the said institu¬ 
tion, whose parents or guardians shall, in the opinion of the super¬ 
intendent of public instruction, be unable to furnish them with 
suitable clothing, are hereby authorized and directed, in every 
year while such pupils are in said institution, to raise and appro¬ 
priate fifty dollars for each of said pupils from said counties re¬ 
spectively, and to pay the sum so raised to the said institution, to 
be by it applied to furnishing such pupils with suitable clothing 
while in said institution. 

Laws 1870, chap. 166, §§ 2, 3. 

§ 206. Clothing for indigent pupils, etc. — The supervisors of 
any county in this State from which State pupils shall be sent 
to and received in the said institution, whose parents or guardians 
shall, in the opinion of the superintendent of public instruction, 
be unable to furnish them with suitable clothing are hereby 
authorized and directed, in every year while such pupils are in 
said institution, to raise and appropriate thirty dollars for each 
of said pupils, and to pay the sum so raised to the said institu¬ 
tion, to be by it applied to furnishing such pupils with suitable 
clothing while in said institution. And if in any case all or 
any of said moneys are not expended before the expiration of the 
periods of appointment of such pupils, then the unexpended res¬ 
idue shall go into the general clothing fund of the said institu¬ 
tion, to be by it devoted to furnishing State pupils with suitable 
clothing. If said sums shall not be paid to the said institution 
within six months after the annual meeting of the supervisors of 
any of said counties, the sums so unpaid shall bear interest at the 
rate of seven per centum per annum, from the expiration of said 
six months until the same be paid. The supervisors of any county 
in this State from whose pauper institutions pupils shall be sent 

125 


Ch. vi. 


§§ 207, 208 INSANE, DEAF, DUMB AND BLIND. 

Indigent deaf-mutes. 

to tlie said institution for the blind, shall raise, appropriate and 
pay to the order of the comptroller of the State, toward the ex¬ 
pense of educating and clothing such pupils, a sum equal to that 
which the county would have to pay to support the pupils as pau¬ 
pers at home. 

Laws 1839, chap. 200, § 5; 1 R. S. 291. 

§ 207. Indigent deaf-mutes, where sent. — Whenever a deaf- 
mute child, under the age of twelve years, shall become a charge 
for its maintenance on any of the towns or counties of this State, 
or shall be liable to become such charge, it shall be the duty of 
the overseers of the poor of the town, or of the supervisors of such 
county, to place such child in the New York Institution for the 
Deaf and Dumb, or in the Institution for the Improved Instruc¬ 
tion of Deaf-Mutes or in the Le Couteulx St. Mary’s Institution 
for the Improved Instruction of Deaf-Mutes in the city of Buffalo, 
or in the Central New York Institution for Deaf-Mutes in the 
city of Rome, or in any institution of the State for the educa¬ 
tion of deaf-mutes. 

Laws of 1863, chap. 325, as am'd by chap. 213, Laws of 1875. 

§ 208. Application of parents, etc — Duty of overseers. — Any 

parent, guardian or friend of a deaf-mute child, within this 
State, over the age of five years and under the age of twelve years, 
may make application to the overseer of the poor of any town or to 
any supervisor of the county where such child may be, showing by 
satisfactory affidavit or other proof, that the health, morals or com¬ 
fort of such child may be endangered, or not properly cared for, 
and thereupon it shall be the duty of such overseer or supervisor to 
place such child in the New York Institution for the Deaf and 
Dumb, or in the Institution for the Improved Instruction of Deaf- 
Mutes, or in the Le Couteulx Saint Mary’s Institution for the 
Improved Instruction of Deaf-Mutes in the city of Buffalo, or in 
the Central New York Institution for Deaf-Mutes in the city of 
Rome, or in the Albany Home School for the Oral Instruction of 
the Deaf at Albany, or in any institution in the State, for the edu¬ 
cation of deaf-mutes, as to which the board of State charities shall 
have made and filed with the superintendent of public instruction 
a certificate to the effect that said institution has been duly organ¬ 
ized and is prepared for the reception and instruction of such pu¬ 
pils. 

Laws 1863, chap. 325, § 2, as am’d by chap. 36, Laws 1892. 

126 


Ch. vi. 


INSANE, DEAF, DUMB AND BLIND. §§ 209-211 

Expense of indigent deaf-mutes, etc. 

§ 209. Expense a county charge.— The children placed in said 
institutions, in pursuance of the foregoing sections, shall be main¬ 
tained therein at the expense of the county from whence they 
came, provided that such expense shall not exceed three hundred 
dollars each per year, until they attain the age of twelve years, 
unless the directors of the institution to which a child has been 
sent shall find that such child is not a proper subject to remain in 
said institution. 

Laws 1863, chap. 325, § 3, as am’d by chap. 213, Laws 1875. 


§ 210. Same, to be raised by tax.— The expenses for the board, 
tuition and clothing for such deaf-mute children, placed as afore¬ 
said in such institutions, not exceeding the amount of three hun¬ 
dred dollars per year, above allowed, shall be raised and col¬ 
lected as are other expenses of the county from which such children 
shall be received; and the bills therefor, properly authenticated 
by the principal or one of the officers of the instituion, shall be 
paid to said institution by the said county; and its county treas¬ 
urer or chamberlain, as the case may be, is hereby directed to pay 
the same on presentation, so that the amount thereof may be 
borne by the proper county. 

Laws 1863, chap. 325, § 4. 

§ 211. Institution for improved instruction — Expenses.— All 

provisions of law now existing, fixing the expense of the board, 
tuition and clothing of children under twelve years placed in the 
New York Institution for the Instruction of the Deaf and Dumb, 
shall apply to children who may, from time to time, be placed in 
the said institution for the improved instruction of deaf-mutes, in 
the same manner, and with the like effect, as if said last-men¬ 
tioned institution had also originally been named in the acts fixing 
such compensation, and as if said acts had provided for the pay¬ 
ment thereof to the institution last mentioned, and the bills there¬ 
for properly authenticated by the principal or one of the officers 
of the said last-mentioned institution shall be paid to said insti¬ 
tution by the counties respectively from which such children were 
severally received, and the county treasurer or chamberlain, as 
the, case may be, is hereby directed to pay the same on presenta¬ 
tion, so that the amount thereof may be borne by the proper 
county. 

Laws 1870, chap. 180, § 2. 


127 


§§ 212-315 INSANE, DEAF, DUMB AND BLIND. Ch. vi. 

Application for admission to institutions, etc. 

§ 212. Extension of prior act. — Sections nine and ten of title 
one of an act entitled “An act to revise and consolidate the general 
acts relating to public instruction/’ passed May second, eighteen 
hundred and sixty-four, are hereby amended so that the same shall 
extend and apply to the said “ Institution for the Improved In¬ 
struction of Deaf-Mutes,” and the like manner, and with the like 
effect, as if said last-mentioned institution, as well as the others 
therein mentioned, had originally been named in the said sections 
respectively. 

Laws 1870, chap. 180, § 3. 

§ 213. Money for clothing. — The supervisors of any county 
in this state from which county state pupils may be hereafter ap¬ 
pointed to any institution for the instruction of the deaf and 
dumb, whose parents or guardians are unable to furnish them with 
suitable clothing, are hereby authorized and required to raise in 
each year for this purpose for each such pupil from said county, 
the sum of thirty dollars. 

Consolidated School Law, tit. 15, art. 14, § 43a, added by Laws 1903, 
chap. 223. 

§ 214. Application for admission to institution — Duty of su¬ 
pervisor. —Any parent, guardian or friend of any deaf-mute child 
within this State, over the age of six years and under the age of 
twelve years, may make application to the supervisor of the town 
or city where such child may be, for a permit or order to place 
such child in the Hew York Institution for the Deaf and Dumb or 
in the Institution for the Improved Instruction of Deaf-Mutes, or 
in any of the deaf-mute institutions of this State, and it shall be 
the duty of such supervisor, if in his judgment the means of the 
child, or the parents or parent of such child, will not enable them 
to defray the expense in a public institution, to grant such permit 
or order and to cause said child to be received and placed in such 
one of the institutions of this State for the education of deaf- 
mutes, as the said supervisor shall select. 

Laws 1874, chap. 253, § 1. 

§ 215. Powers of supervisors and overseers.— Supervisors of 
towns and wards and overseers of the poor are hereby authorized 
to send to the Western Hew York Institution for Deaf-Mutes, deaf 
and dumb persons between the ages of six and twelve years, in the 
same manner and upon the same conditions as such persons may be 

128 


Ch. vi. 


INSANE, DEAF, DUMB AND BLIND. §§ 216-219 


Superintendents and overseers to make appointments, etc. 

sent to the New York Institution for the Instruction of the Deaf 
and Dumb, under the provisions of chapter three hundred and 
twenty-five of the laws of eighteen hundred and sixty-three. 

Laws of 1876, chap. 331, § 2. 

§ 216. State pupils at Northern New York Institution.— The 

Northern New York Institution for Deaf-Mutes, at Malone, is 
hereby authorized to receive deaf and dumb persons, between the 
ages of twelve and twenty-five years, eligible to appointment as 
state pupils, and who may be appointed to it by the superintendent 
of public instruction, and the superintendent of public instruction 
is authorized to make appointments to the aforesaid institution. 

Laws of 1884, chap. 275, § 1. 

§ 217. Supervisors and overseers to make appointments — 
Proviso.—Supervisors of towns and wards and overseers of the 
poor are hereby authorized to send to the Northern New York 
Institution for Deaf-Mutes, deaf and dumb persons between the 
ages of six and twelve years, under the provisions of chapter three 
hundred and twenty-five of the laws of eighteen hundred and 
sixty-three, as amended by chapter two hundred and thirteen of 
the laws of eighteen hundred and seventy-five. Provided, that 
before any pupils are sent to said institution the board of State 
charities shall have made and filed with the superintendent of 
public instruction a certificate to the effect that said institution 
has been duly organized and is prepared for the reception and 
instruction of such pupils. 

Laws 1884, chap. 275, § 2. 

§ 218. List of deaf and dumb to be furnished.— It shall be 
the duty of the overseers of the poor in each town to furnish the 
superintendent of common schools with a list of the deaf and dumb 
persons in their respective towns, so far as they can ascertain 
them, with such particulars in relation to the condition of each 
as shall be prescribed by the said superintendent. 

Laws of 1832, chap. 223, § 1. 

§ 219. Verification of bills for support of pupils.— Hereafter 
any bill for board, lodging, clothing or tuition of pupils, in the 
aforesaid institution, shall be signed and verified by the principal 
and steward of said institution, instead of its president and secre¬ 
tary, any existing law to the contrary notwithstanding. 

Laws of 1894, chap. 93, § 1; 1 R. S. 833. 

9 129 


§ 219 


INSANE, DEAF, DUMB AND BLIND. 

Application for admission. 


ClI. VI. 


The “ institution ” referred to is the New York Institution for the Instruc¬ 
tion of the Deaf and Dumb. 


APPLICATION FOR THE ADMISSION OF COUNTY PUPILS. 


To be made to and retained by the supervisor or overseer of the poor. 


STATE OF NEW YORK, 
County of. 


.{ 


ss. 


of the town of ., in said county, being duly sworn, says 

that he is the .of ., a deaf-mute child, residing in said 

town, and who was born on the.day of., 190. ., and that, in 

consequence of the want of education, the health, morals and comfort of said 
child may be endangered or not properly cared for; and the undersigned hereby 
makes application for the said child to be placed in the Western New York 
Institution for Deaf-Mutes, for support and education, pursuant to chapter 
325 of the Laws of 1863, as amended by chapter 213 of the Laws of 1875. 

Dated ., 19. . 

Subscribed and sworn to, etc. 


Signed, 


To enable the county treasurer to keep a record of such commitments the 
supervisor should report to him whenever he makes an order placing any 
child in such institution. 


CERTIFICATE. 


The supervisor or overseer of the poor will issue a certificate in the follow¬ 
ing form to be delivered to the institution. 


STATE OF NEW YORK, 
County of. 


.! 


fts. : 


I have this day selected ., of the town of ., county 

of ., son (or daughter) of ., who was born on the 

.day of ., 19.., as a county pupil in the Western New York 

Institution for Deaf-Mutes, for the term of.years, from the.day 

of., 19.., to the.day of., 19.., (he being then 

twelve years of age), to be educated and supported therein during that pe¬ 
riod, at the expense of the county of., in conformity with the pro¬ 

visions of chapter 325, Laws of 1863, as am’d by chapter 213 of the Laws 
of 1875. 

Dated at ., 190.. 

Of the town of . 




130 

























CHAPTER SEVEN. 


SOLDIERS, SAILORS AND VETERANS. 


§220. Relief of soldiers and their 
families. 

§221. Post to give notice that it as¬ 
sumes charge. 

§222. Poor or indigent soldiers, etc., 
without families. 

§223. Joint relief committee, etc. 

§224. Burial of soldiers, sailors or 
marines. 

§225. Headstones to be provided. 

§226. Burial lots in rural cemetery 
association. 

§227. Purchase and maintenance of 
burial plots. 

§228. Proceedings for removal of 
remains of deceased soldiers. 

§229. Soldiers’ monument associa¬ 
tions. 

§230. Property, erection of monu¬ 
ments. 

§231. Improvement taxes. 

§232. Exemption from taxation. 

§233. Acquisition of lands therefor 
by town. 

§234. Public monuments in town or 
county. 

§235. Soldiers’ monument. 

§236. Leases of buildings to Grand 
Army of Republic. 

§237. War records, etc. 

§238. Pay when aiding the civil au¬ 
thority. 


§239. Pay when injured, when a 
county charge. 

§240. Town not to appropriate mon¬ 
eys for unauthorized military 
bodies. 

§241. Drafts or volunteers from 
militia. 

§242. Armories. 

§243. Local armories. 

§244. Expenses of erecting, improv¬ 
ing and furnishing armories. 

§245. Acquisition of sites by boards 
of supervisors. 

§246. Every armory shall be under 
the control and charge of the 
ranking line officer, etc. 

§247. Armories, janitors and en¬ 
gineers. 

§248. Laborers. 

§249. Compensation of employes in 
armories. 

§250. Armories and employes for 
naval militia. 

§251. Armories for naval militia. 

§252. Armory defined. 

§253. Town board may vote ex¬ 
penses to observe Decoration 
day. 

§254. Same where two towns join. 

§255. Leave of absence to veterans to 
participate in exercises. 

§256. Pensions — Property purchased 
with exempt from taxation. 


§ 220. Relief of soldiers and their families. — No poor or in¬ 
digent soldier, sailor or marine who has served in the military or 
naval service of the United States, nor his family nor the families 
of any who may be deceased, shall be sent to any almshouse, but 
shall be relieved and provided for at their homes in the city or 
town where they may reside, so far as practicable, provided such 
soldier, sailor or marine or the families of those deceased, are, 
and have been residents of the State for one year and the proper 
auditing board of such city or town in those counties where the 
poor are a county charge, the superintendent, if but one, or super¬ 
intendents of the poor, as such auditing board in those counties 

131 


§ 221 


SOLDIERS, SAILORS AND VETERANS. Cii.vii. 


Post to give notice. 

shall provide such sum or sums of money as may be necessary to 
be drawn upon by the commander and quartermaster of any post 
of the Grand Army of the Republic of the city or town, made 
upon the written recommendation of the relief committee of such 
post; or if there be no post in a town or city in which it is neces¬ 
sary that such relief should be granted, upon the like request of 
the commander and quartermaster and recommendation of the re- 
lief committee of a Grand Army post located in the nearest town 
or city, to the town or city requested to so furnish relief, and such 
written request and recommendation shall be a sufficient authority 
for the expenditures so made. 

Poor Law, § 80, as am’d by chap. 475, Laws of 1900. 

Under the act of 1887, chap. 706, of Laws 1887, as amended by chap. 261, 
Laws 1888, the court held in People v. City of Rome, 136 N. Y. 489, that the 
power to determine who are indigent persons or the necessity for their relief, 
and the measure thereof, etc., is not vested exclusively in the relief committee 
of the Grand Army, but in the proper officers of the town, city or county 
having power to raise and appropriate moneys for relief of the poor or that 
such officers must exercise their discretion and judgment as to the amount to 
be appropriated. 

The act of 1887 was repealed in 1896, and now the relief committee of the 
Grand Army is given the power to determine who are and the manner in 
which indigent veterans are to be assisted. 

§ 221. Post to give notice that it assumes charge.— The com¬ 
mander of any such post which shall undertake to supervise re¬ 
lief of poor veterans or their families, as herein provided, before 
his acts shall become operative in any town, city or county, shall 
file with the clerk of such town, city or county, a notice that such 
post intends to undertake such supervision of relief, which notice 
shall contain the names of the relief committee, commander and 
other officers of the post; and also an undertaking to such city, 
town or county, with sufficient and satisfactory sureties for the 
faithful and honest discharge of his duties under this article; such 
undertaking to be approved by the treasurer of the city or county, 
or the supervisor of the town, from which such relief is to be 
received. Such commander sh^ll annually thereafter, during the 
month of October, file a similar notice with said city or town clerk, 
with a detailed statement of the amount of relief requested by him 
during the preceding year, with the names of all persons for whom 
such relief shall have been requested, together with a brief state¬ 
ment in each case, from the relief committee, upon whose recom¬ 
mendation the relief was requested, provided, however, that in 
cities of the first class said notice and said detailed statement shall 

132 


Ch. vii. SOLDIERS, SAILORS AND VETERANS. 


§ 321 


Post to give notice. 

be filed with the comptroller of such city, and said undertaking 
shall be approved by him, and provided further that in any city of 
the first class which is now or may hereafter be divided into 
boroughs, a duplicate of such notice and of such detailed state¬ 
ment shall be filed with the commissioner of charities for the 
borough in which the headquarters of such post is situated, and 
it shall be the duty of such commissioner to annually include in 
his estimate of the amount necessary for the support of his de¬ 
partment such sum or sums of money as may be necessary to 
carry into effect the provisions of sections eighty, eighty-one, 
eightv-two, eighty-three and eighty-four of this act and the proper 
officers charged with the duty of making the budget of any such 
city shall annually include therein such sum or sums of money 
as may be necessary for that purpose. Moneys actually laid out 
and expended by any such post for the relief specified in section 
eighty of this act shall be reimbursed quarterly to such post by the 
comptroller on vouchers duly certified by the commander and 
quartermaster of said post, showing the date and amount of each 
payment, the certificate of the post relief committee, signed by at 
least three members, none of whom shall have received any of the 
relief granted by the post for which reimbursement is asked, show¬ 
ing that the person relieved was an actual resident of such city, 
and that they recommended each payment, and the receipt of the 
recipient for each payment, or in case such receipt could not be 
obtained, a statement of such fact, with the reason why such re¬ 
ceipt could not be obtained. Such vouchers shall be made in 
duplicate on blanks to be supplied by the comptroller and shall 
be presented to the commissioner of charities for the borough in 
which the headquarters of the post is situated, and if such com¬ 
missioner is satisfied that such moneys have been actually ex¬ 
pended as in said voucher stated, he shall approve the same, and 
file one of said duplicates in his office and forward the other to 
the comptroller, who shall pay the same by a warrant drawn to 
the order of the said commander. And provided further, that in 
any city, county or borough in which Grand Army posts have 
organized or may organize a memorial and executive committee, 
the latter shall be regarded as a post of the Grand Army of the 
Republic. And the chairman, treasurer or almoner and bureau of 
relief or relief committee referred to, shall exercise the same 
privileges and powers as the commander, quartermaster and relief 
committee of a post, on complying with the requirements of this 

133 


§§ 222, 223 SOLDIERS, SAILORS AND VETERANS. Ch. vii. 

Poor soldiers; joint relief committee. 

and the preceding section. Wilful false swearing to such voucher 
shall be deemed perjury and shall be punishable as such. 

Within thirty days after the passage of this act, any memorial 
and executive committee in any city, county or borough may file 
with the proper officers the notice mentioned in the preceding sec¬ 
tion and such officers are hereby empowered and it is hereby made 
their duty to estimate for, provide and raise, in the same manner 
as other local expenditures are estimated for, provided and raised, 
such sum or sums of money as may be necessary to carry into effect 
the provisions of this act during the year eighteen hundred and 
ninety-nine, and such bureau of relief or relief committee shall 
be reimbursed for moneys expended by it upon compliance with 
the terms of this act. 

Poor Law, § 81, as am’d by chap. 462, Laws of 1899. 

As to post relief committees in cities where there are more than one post of 
Grand Army, see 

Laws 1887, chap. 706. § 6, am’d Laws 1896, chap. 598. 

§ 222. Poor or indigent soldiers, etc., without families.— Poor 
or indigent soldiers, sailors or marines provided for in this article, 
who are not insane, and who have no families or friends with whom 
they may be domiciled, may be sent to a soldiers’ home. Any poor 
or indigent soldier, sailor or marine provided for in this chapter, 
or any member of the family of any living or deceased soldier, 
sailor or marine, who may be insane, shall upon recommendation 
of the commander and relief committee of such post of the Grand 
Army of the Republic, within the jurisdiction of which the case 
may occur, be sent to the proper State hospital for the insane. 

Poor Law, § 82; 2 R. S. 2313. 

As to committing insane person to state hospital, see 

Insanity Law, §§ 60-64. 

§ 223. Joint relief committee, etc.—In all cities of this State 
containing less than one hundred thousand inhabitants, where 
there are more than one post of the Grand Army of the Republic, 
there shall be appointed and constituted a joint relief committee, 
consisting of one member from each post, of the Grand Army of 
the Republic in said city, which shall have complied with the 
provisions of law as hereinafter provided, to be chosen in such 
manner as such post shall direct, and one member appointed by 
the auditing board of said city, to which all orders for relief drawn 
by the commander or quartermaster of any post of the Grand 

134 


Oh. vii. 


SOLDIERS, SAILORS AND VETERANS. 


§ 224 


Burial. 

Army of the Republic in said city or town, shall be referred; and 
no relief shall be furnished under the provisions of this act, ex¬ 
cept upon the approval and recommendation of said committee or 
a majority of the members thereof. No post of the Grand Army 
of the Republic shall be entitled to membership in said committee 
unless such post shall have complied with the provisions of sec¬ 
tions three and four of this act, and in case such post shall fail to 
so comply with the provisions of said sections and to select a mem¬ 
ber of said committee the commander or quartermaster shall not 
be entitled to draw upon the fund provided by the auditing board 
of said city as provided in section one of this act. 

Laws of 1887, chap. 706, § 6, added by chap. 598, Laws of 1896; 2 R. S. 

2314. 

§ 224. Burial of soldiers, sailors or marines.— The board of 
supervisors in each of the counties shall designate some proper 
person or authority, other than that designated for the care of 
poor persons, or the custody of criminals, who shall cause to be 
interred the body of any honorably discharged soldier, sailor or 
marine, who has served in military or naval service of the United 
States, or the body of the wife or widow of any soldier, sailor 
or marine, married to him previous to eighteen hundred and 
ninety, who shall die such widow, and who shall hereafter die 
without leaving sufficient means to defray his or her funeral 
expenses, but such expenses shall in no case exceed thirty-five 
dollars. If the deceased has relatives or friends who desire to 
conduct the burial, but are unable or unwilling to pay the charge 
therefor, such sum shall be paid by the county treasurer, upon 
due proof of the claim, and of the death and burial of the soldier, 
sailor or marine, or of the wife or widow of such soldier, sailor or 
marine to the person so conducting such burial. Such interment 
shall not be made in a cemetery or cemetery plot used exclusively 

for the burial of poor persons deceased. 

Poor Law, § 83, as am’d by Laws 1900, chap. 24; Laws 1903, chap. 96. 

See also Laws 1898, chap. 411. See also § 937, ante. 


STATE OF NEW YORK, ) 

MONROE COUNTY [ ss.: 

. of .) 

7 . being duly sworn, deposes and says that .... is a resident 

of the County of Monroe, that- was acquainted with . 

widow or wife of.. who was an honorably discharged . 

and resided at number . street, city or town of . 

in said County of Monroe, at the time of his or her death; that he served in 

135 










SOLDIERS, SAILORS AND VETERANS. 


Ch. vii. 


Headstone. 

Co.. Kegiment ., of the United States during the 

., that .... died at number . street, city or town of 

., in the county of., on the.day of.. 

100.., without leaving means sufficient to defray his or her funeral expenses, 

and was buried on the.day of ., 190.., at .. 

and that . (always write the name of party entitled to burial 

fees) is entitled to the sum of Thirty-five dollars, as provided in section 1, 
chapter 247, of the Laws of 1883. as amended, and section 83, chapter 96, 
of the Laws of 1903, relative to widow or wife. 


Sworn to before me this. 

day of .. 190. . 

Commissioner of Deeds: 

Notary Public. 

I, the undersigned, who was appointed by the Board of Supervisors of the 
County of Monroe, to attend the burial of honorably discharged soldiers for 
the.ward or town of ., do hereby certify that I be¬ 

lieve the facts set forth in the foregoing affidavit are true. 


Commissioner. 

I herebjr certify, that I have examined the foregoing affidavit and certificate 
and believe the facts set forth therein are true, and do hereby recommend 

that the Board of Supervisors pay to . (always write name of 

party entitled to burial fees) the sum of thirty-five dollars, as provided by 
resolutions adopted by the Board of Supervisors of the County of Monroe, 
January 22, 1884. 


Supervisor of the 


Report of Commissioner . 

Sup. presented the following report of the commissioner ap¬ 

pointed for the burial of honorably discharged deceased soldiers, sailors and 

marines, for the ., which was referred to the committee on 

burial of deceased soldiers: 

To the Honorable, the Board of Supervisors of Monroe County: 

Gentlemen:—I have the honor to present the following report, as com¬ 
missioner for the burial of honorably discharged, deceased soldiers, sailors and 
marines for the . 


Respectfully submitted. 

Commissioner for the . 

§ 225. Headstones to be provided.— Any interment provided 
for by the provisions of this act shall not be made in a cemetery, or 
in any cemetery or plot used exclusively for the burial of the pau¬ 
per dead. The grave of any sncli deceased soldier, sailor or ma- 

136 







































Ch. vii. SOLDIERS, SAILORS AND VETERANS. 


§ 225 


Headstone. 

rine, and the grave of any honorably discharged soldier, sailor 
or marine who served in the army or navy of the United States 
during the late rebellion, who shall have been heretofore buried in 
any of the counties of this State, but whose grave is not marked 
by a suitable headstone, and who died without leaving means to 
defray the expense of such headstone; and the grave of any hon¬ 
orably discharged soldier, sailor or marine who served in the army 
or navy of the United States during the revolutionary war, the 
war of eighteen hundred and twelve, or war with Mexico, and 
who shall have been heretofore buried in any of the counties of this 
State, but whose grave is not now marked by a suitable headstone, 
shall be marked by a headstone containing the name of the de¬ 
ceased, and, if possible, the organization to which he belonged or 
in which he served; such headstone shall not cost more than fifteen 
dollars, and shall be of such design and material as shall be ap¬ 
proved by the board of supervisors, and the expense of such burial 
and headstone as above provided for shall be a charge upon and 
shall be paid by the county in which the said soldier, sailor or 
marine shall have died; and the board of supervisors or other 
board or officer vested with like powers, of the county of which 
such deceased soldier, sailor or marine was a resident at the time 
of his death, is hereby authorized and directed to audit the account 
and pay the expense of such burial and headstone in the same 
manner in which the accounts of such officer as shall be charged 
with the performance of such duty as above provided shall be 

audited and paid. 

Laws 1898, chap. 411. 

FORM OF APPLICATION FOR HEADSTONE. 

APPLICATION FOR SOLDIERS’ HEADSTONE. 

(To be made to committee of supervisors, on approval of town committee.) 
Monroe County, ss.: 

.. being duly sworn, deposes that ., 

for whose headstone application is hereby made 5 was an honorably discharged 
soldier of the civil war; that he died a resident of this county; that he is 
buried in an unmarked grave; that he did not leave means to provide a head¬ 
stone, and that his friends are unable or unwilling to erect one. 

Subscribed and sworn to before me, 

.. 190.. 

* This clause is to be erased if it is desired that the committee shall con¬ 
duct the burial. 

INSCRIPTION. 

Name . 

Military organization . 

137 







SOLDIERS, SAILORS AND VETERANS. 


Ch. vii. 


226 


Burial lots. 


Date of death . 

Aged . 

To be erected in.cemetery, town of .... 

P. 0. address of person who will direct where it is to be erected 

The foregoing application is hereby approved. 
., 190.. 


Town Committee. 

To Mr.: The above application and proof being satisfactory, 

you are hereby authorized and directed to prepare the headstone solicited, 
in accordance with contract made by you with board of supervisors, and to 
erect the same, when its approval and acceptance by the committee of the 
board is indorsed hereon. 

., 190.. 


Committee of Supervisors. 

N. Y., ., 190.. 

THE COUNTY OF MONROE, 

To ., Dr. 

For headstone erected in .. cemetery, at the grave of 

., who was a member of Company .. 

Regiment . 

$15.00 


STATE OF NEW YORK, ) 

.of..5 

. of the. ward or town of ., being 

duly sworn, deposes and says, that the foregoing account is correct, and that 

the headstone therein referred to was erected by . (write 

person’s name who erected headstone) in pursuance of a resolution adopted 
by the board of supervisors of the county of Monroe. 


Sworn to before me this. 

day of., 190.. 


Commissioner of Deeds. 

Notary Public. 


I, the undersigned, who was appointed by the Board of Supervisors of the 
County of Monroe, to attend to the burial of honorably discharged soldiers, 

sailors and marines of the . war, for the . ward or 

town of ., do hereby certify that the foregoing account is 

correct. 


Commissioner. 

I hereby approve of the above and recommend the payment to. 

(write person’s name who erected headstone) or order, of the sum of Fifteen 
Dollars ($15.00), as per resolution adopted by the Board of Supervisors of 
Monroe County. 


Supervisor of the 


§ 226. Burial lots in rural cemetery association. — The act 

for incorporating rural cemetery associations provides that “ any 

138 





































Ch. vii. SOLDIERS, SAILORS AND VETERANS. §§ 227, 228 

Burial lots, removal of remains. 


city or town in which the lands of such associations are situated 
and any incorporated village located wholly or in part in such 
town, may purchase such reasonable number of lots or plots in 
such proportion of the lands of such association for the in¬ 
terment of strangers and other persons who may die in such town 
or village under such circumstances that it would be unreasonable 
to require payment for the privilege of making such interment; 
and such city, town or village or the county in which such lands 
are situated may also purchase such other lots or plots as may be 
proper for the suitable burial of such soldiers as shall be buried at 
public expense. 

Laws 1847, chap. 133, § 4, as am’d by Laws 1891, chap. 382. 

This statute was in force until 1895, when it was repealed by Laws 1895, 
chap. 559, § 147, and is given here solely for the purpose of showing the 
statute as it existed before said repeal, as many associations are in existence 
to-day incorporated under its provisions. 

§ 227. Purchase and maintenance of burial plots.— The town 
board in each of the towns of this State may upon the application 
in writing of any veteran soldiers’ association in the town, or 
upon a petition in writing of five or more veteran soldiers in 
towns where no veteran soldiers’ organization exists, purchase or 
provide a soldier’s plot in one or more cemeteries where no burial 
plots are now owned by soldiers’ organizations, in which burial 
plots deceased soldiers may be interred, and may also provide for 
the annual care of soldiers’ burial plots in cemeteries, at the rate 
of not to exceed fifty cents for each soldier’s grave in such burial 
plot or plots and the expense shall be included in the town ex¬ 
penses, assessed, levied and collected in the same manner as other 
toAvn expenses are levied and collected. 

Laws 1902, chap. 206, § 1. 

§ 228. Proceedings for removal of remains of deceased soldiers. 

Upon a verified petition presented to a judge of a court of record 
by any soldiers’ organization in any town in this State by a ma¬ 
jority of its officers, or a majority of any memorial committee, 
in any town where there are two or more veteran soldiers’ organ¬ 
izations, or in towns where there are no veteran soldier organiza¬ 
tion*- may upon the petition of five or more veteran soldiers, the 
judge to whom said verified petition is presented shall make an 
order to show cause, returnable before him at a time and place 
within the county in not less than fourteen nor more than twenty 

139 


§ 228 


SOLDIERS, SAILORS AND VETERANS. 


Ch. vit. 


Removal of remains. 

clays from the date of the presentation of said petition, why the 
remains of any deceased soldiers buried in potter’s field, or in any 
neglected or abandoned cemeteries should not be removed to and 
reinterred in a properly kept incorporated cemetery in the same 
town or in a town adjoining the town in which the remains of a 
deceased soldier is buried, and to fix the amount of the expenses 
for such removal and reinterment, and the order to show cause 
shall provide for its publication in a newspaper, to be designated 
in the order, which is published nearest to the cemetery from 
which the removal is sought to be made, once in each week for 
two successive weeks. The verified petition presented to the judge 
shall show that the petitioners are a majority of the officers of 
a veteran soldier organization, or a majority of a memorial com¬ 
mittee in towns where two or more veteran soldier organizations 
exist, or that the petitioners are honorably discharged veteran sol¬ 
diers in town where no veteran soldier organization exists, and 
(1) the name of the deceased soldier or soldiers whose remains 
are sought to be removed, and if known the company and regi¬ 
ment in which he or they served; (2) the name and location of 
the cemetery in which he is interred and from which removal is 
asked to be made; (3) the name and location of the incorporated 
cemetery to which the remains are desired to be removed and re¬ 
interred; (4) the facts showing the reasons for such removal. 
Upon the return day of the order to show cause and at the time 
and place fixed in said order, upon filing proof of publication of 
the order to show cause with the judge, if no reason or objection 
is made thereto, he shall make an order directing the removal of 
the remains of said deceased soldier or soldiers to the cemetery 
designated in the petition within the town or within a town ad¬ 
joining the one in which the remains are then buried and shall 
specify in the order the amount of the expenses of such removal 
which expenses of removal and reinterment shall be a charge upon 
the town from which the removal is made and such expenses shall 
be audited by the town board and included in the tax levy of the 
town and paid the same as other town charges, and on and after 
the removal and reinterment of the remains of the deceased sol¬ 
dier or soldiers in a soldiers’ plot, the expenses for annual care 
of the grave in the soldiers’ burial plot to which the removal is 
made shall be annually provided by the town in which the remains 
were originally buried, at the rate of not to exceed fifty cents per 
grave and shall be paid annually to the incorporated cemetery 

140 


Ch. vii. 


SOLDIERS, SAILORS AND VETERANS. 

Monument associations. 


§ 229 


association to which the remains of each deceased soldier may 
be removed and reinterred. The petition and order shall be filed 
in the county clerk’s office of the county in which the remains 
of the deceased soldier were originally interred, and the service 
of a certified copy of the final order upon the cemetery association 
shall be made prior to any removal. Any relative of the deceased 
soldier or soldiers or the officer of any cemetery association in 
which the remains of the deceased soldier or soldiers were or¬ 
iginally interred, or the authorities of the town in which the sol¬ 
dier or soldiers were originally buried may oppose the granting 
of said order and the judge shall summarily hear the statement 
of the parties and make such order as the justice and equity 
of the application shall require. Any headstone or monument 
which marks the grave of the deceased soldier shall be removed 
and reset at the grave in the cemetery to which the removal is 
permitted to be made and in each case the final order shall pro¬ 
vide the amount of the expenses of such removals and reinter¬ 
ment and resetting of the headstone or monument. The order 
shall designate the person or persons having charge of the re¬ 
movals and reinterments. Upon completion of the removal, re¬ 
interment and resetting of the headstones or monuments, the 
person or persons having charge of the same shall make a verified 
report of the removal, reinterment and resetting of the headstone 
or monument and file the report in the clerk’s office of the proper 
county. The word “ soldier ” shall be construed to mean an 
honorably discharged soldier, sailor or marine who served in the 
army or navy of the United States, and the words “ soldiers’ plot ” 
shall be construed to mean a plot of land in any incorporated ceme¬ 
tery set a part to be exclusively used as a place for interring the 
remains of deceased veteran soldiers of the United States. 

Laws 1902, chap. 206, § 2. 

§ 229. Soldiers’ monument associations.— Three or more per¬ 
sons may become a corporation for the purpose of erecting a monu¬ 
ment, monuments or memorial, including a memorial hall or 
building, to perpetuate the memory of the soldiers and sailors who 
served in defense of the Union in the late war, or in the army or 
navy of the United States in the late war with Spain, or in the 
army and navy of the United States in any war in which the gov¬ 
ernment of the United States has been engaged, including the 
American Revolution on the side of the Colonies; such monument 

141 


§ 230 SOLDIERS, SAILORS AND VETERANS. Ch. vii. 

Property; monuments. 

or memorial alike to perpetuate the memory of those soldiers and 
sailors, who, since rendering such military or naval service have 
become resident of and die in the town, city or county in which 
such monument or memorial is erected; by making, acknowledg¬ 
ing and filing a certificate, stating the particular object for which 
the corporation is to be created; the name of the proposed cor¬ 
poration ; the number of its directors, not less than six nor more 
than twelve; the names and places of residence of the persons to 
be directors until the first annual meeting, and the time for hold¬ 
ing its annual meetings. Such certificate shall not be filed with¬ 
out the approval, endorsed thereupon or annexed thereto, of a 
justice of the supreme court. On filing such certificate, in pur¬ 
suance of law, the signers thereof, their associates and successors 
shall be a corporation in accordance with the provisions of such 
certificate. 

Membership Corporations Law, § 120, as am’d Laws 1905, chap. 411. 

§ 230. Property; erection of monuments.— Such a corporation 
may acquire and hold, within the county in which its certificate of 
incorporation is recorded, not more than five acres of land, to be 
used exclusively for the erection of a suitable monument or 
monuments or other memorial to perpetuate the memory of the 
soldiers and sailors who served in the defense of the union in the 
war of the rebellion, or who served in the army or navy of the 
United States in the late war with Spain, or in the army or navy 
of the United States in any war in which the government of the 
United States has been engaged, including the American Revolu¬ 
tion on the side of the Colonies; such monument or memorial alike 
to perpetuate the memory of those soldiers and sailors who, since 
rendering such military or naval service, have become resident of 
and die in the town, city or county in which such monu¬ 
ment or memorial is erected. Such a corporation may erect 
any such monument, monuments or memorial, upon any public 
street, square or ground of any town, city or village, with the con¬ 
sent of the proper officers thereof, or may purchase or accept the 
donation of land suitable for that purpose; and may take and hold 
the property given, devised or bequeathed to it in trust, to apply 
the same or the income or proceeds thereof for the erection, 
improvement, embellishment, preservation, repair or renewal of 
such monument, monuments or memorials, or of any structures, 
fences or walks upon its land, or for planting or cultivating 

142 


Ch. vii. SOLDIERS, SAILORS AND VETERANS. §§ 231-233 

Improvement taxes, exemption, etc. 

trees, shrubs, flowers or plants, in and around" or upon 
its lands, or for improving or embellishing the same in any man¬ 
ner consistent with design and purposes of the association ac¬ 
cording to the terms of such grant, devise or bequest. It may 
take by gift or purchase any lots or lands, in any cemetery within 
such county, to be used and occupied exclusively for the burial 
of honorably discharged soldiers and sailors who served in either 
of such wars, and for the erection of suitable monuments or 
memorials therein. A town clerk or the board of trustees of a 
village shall, upon the petition of twenty-five resident taxpayers, 
submit to a biennial town meeting or village election, as the case 
may be, a proposition to raise by taxation a sum stated therein, 
not exceeding five hundred dollars in any one year, for the pur¬ 
pose of erecting such a monument, or contributing to the expense 
of such a monument erected by a corporation under this section, 
or for repairing or improving the same and the grounds thereof; 
and such tax shall be levied in the manner prescribed by law for 
levying general taxes in such town or village; and when raised 
shall be applied to the purposes specified in such proposition. 

Membership Corporations Law, § 121, as am’d Laws 1905, chap. 411. 

§ 231. Improvement taxes. — A tax may be levied and col¬ 
lected on the taxable property in a town, village or city in which 
such monument, monuments or other memorial may be erected, 
for the purpose of repairing or improving the same and the 
grounds thereof; and such tax shall be levied in the manner 
prescribed by law for levying general taxes in such town, village 
or city. 

Membership Corporations Law, § 122; 2 R. S. 1999. 

§ 232. Exemption from taxation. — The property of any asso¬ 
ciation formed pursuant to this act, shall be exempt from levy 
and sale on execution, and from all public taxes, rates and as¬ 
sessments, and no street, road, avenue or thoroughfare shall be 
laid through the lands of such association held for the purposes 
aforesaid, without the consent of the trustees of such association, 
except by special permission of the legislature of the State. 

Laws of 1866, chap. 273, § 5, as am’d by chap. 299, Laws of 1888; 2 
R. S. 1999. 

§ 233. Acquisition of lands for erection of monuments. — The 

governing board of a village or town, or the trustees of a monu¬ 
ment association, may acquire not to exceed three acres of land, 

143 


§ 234 


SOLDIERS, SAILORS AND VETERANS. Ch. vii. 


Public monuments. 

for the erection of a soldiers’ monument, or a monument or other 
structure as a memorial of some distinguishing or important event 
in the history of the State or nation, and for laying out such lands 
as a public park or square, if such lands are vacant or have build¬ 
ings thereon not exceeding two thousand five hundred dollars in 
value, and if a judge of the county, or a justice of the supreme 
court of the district, in which such memorial is to be erected, 
shall give his written approval of the acquisition of such lands 
for such purpose. 

Municipal Law, § 25; 2 R. S. 2108. See § 463, ante. 

§ 234. Public monuments in town or county. — It shall be 
competent for electors of any town, at any regular town meeting, 
or of any county, at any regular election to vote any sum of 
money, to be designated by a majority of all the electors voting 
at such town meeting or election, for the purpose of erecting a 
public monument within such town or for the county as the case 
may be in memory of the soldiers of such town or county, or in 
commemoration of any public person or event; but no debt shall 
be created nor shall any tax be imposed on any town or county for 
such purpose unless the same shall have been voted for by a ma¬ 
jority of the legal voters of the town or county affected, voting 
at such election, nor unless the object and expenditure shall be 
approved of by a vote of two-thirds of the supervisors elected in 
such county. The board of supervisors may legalize the vote of 
any town or county for such purpose, and after such vote they may 
raise or authorize the specified sum or sums of money to be 
raised for such purpose in any of the modes provided for by law 
for raising moneys for towns or counties. All moneys expended 
by any town for the purposes authorized by this section shall be 
expended under the direction of the supervisor, town clerk and 
justices of peace of such town, or a majority of them, or by a 
commissioner, or commissioners for that purpose appointed by 
such town officers, or by a majority of them. If the monument 
to be erected shall be a county monument then the money to be 
expended therefor shall be under the control of a commissioner, 
or of commissioners appointed by the board of supervisors to 
superintend the erection of such monument, and no town or 
county officer, or commissioner appointed or acting under this 
section, shall receive any compensation for services rendered there¬ 
under as such officer, or commissioner. The board of supervisors 

144 


Ch. vii. SOLDIERS, SAILORS AND VETERANS. §§ 235-237 

Monuments, lease of buildings, etc. 


of any county shall have power to alter, repeal or amend any reso¬ 
lution or ordinance passed under this section, and so stay further 
expenditure upon any monument within such county being erected 
at the expense of such county, or of any town or towns within 
such county. 

Laws of 18(59, chap. 855, § 4, as am’d by chap. 23, Laws of 1892; 1 R. 

S. 749. 

This law, 1869, chap. 855, was repealed by Laws 1892, chap. 686, which 
became a law May 18, 1892. The repealing act makes no reference to the 
amendment as made by Laws 1892, chap. 23, which went into effect Feb. 
11, 1892. 


§ 235. Soldiers monuments. — Any board of supervisors may, 
by a vote of two-thirds of its members, raise and appropriate such 
moneys as it may deem necessary, for the erection within the 
county of public monuments, in commemoration of the Federal 
soldiers and sailors in the late war of the rebellion or of any 
other public person or event and for repairing and remodeling 
such monuments; all moneys so raised shall be expended by di¬ 
rection of the board of supervisors; but no county officer shall 
receive any compensation for services rendered pursuant to this 
section. 

County Law, § 38; 1 R. S. 749. 

§ 236. Leases of buildings to Grand Army of Republic. — A 

municipal corporation may lease, for not exceeding five years, to 
a post or posts of the Grand Army of the Republic, or other 
veteran organization of honorably discharged Union soldiers, sail¬ 
ors or marines, a public building or part thereof, belonging to 
such municipal corporation, except schoolhouses in actual use as 
such, without expense, or at a nominal rent, fixed by the board or 
council having charge of such buildings. 

Municipal Law, § 26; 2 R. S. 2108. 

§ 237. War records.-— The adjutant general is among other 
things further authorized to ask the co-operation and assistance 
of the adjutant general of the United States and of the city, 
county and town authorities and officials, and of the Grand 
Army of the Republic, the Military order of the Loyal Legion, 
and of-organizations and persons in the State of New York and 
elsewhere in the collection of such other information, relics, me¬ 
morials and battle flags as is contemplated by this article, in or¬ 
der to make as complete as possible the records, history and sta- 
10 145 


§ 338 SOLDI EES, SAILOKS AND VETERANS. Ch. vix. 

Pay when aiding civil authority. 

ti sties of the patriotic service of the volunteer soldiers of the 
state during the war of the rebellion. 

Miliary Code, § 16, subd. 3. 

The trustees of the capital are authorized and directed to pro¬ 
vide suitable and convenient quarters for a bureau of records 
whenever the adjutant-general shall require and make demand 
therefor, and to properly fit up and prepare the same for the safe 
keeping of such records, books and property and for the display 
of such colors, standards, battle flags and relics which shall be 
known and maintained as the hall of military records. The sev¬ 
eral municipalities of the state may deposit their record books 
and papers relating to the war in the archives of the hall for safe 
keeping and transcripts therefrom shall be furnished on ap¬ 
plication by the chief officer of the municipality without cost to 
it. Officers or soldiers may deposit their discharge papers, de¬ 
scriptive lists, muster rolls or conqDany or regimental books and 
papers for safe keeping. The interest arising from the invest¬ 
ment of the funds contributed by towns, cities and individuals for 
the erection of a hall of military records shall be devoted to the 
maintenance of the hall of military records provided in this sec¬ 
tion. 

Military Code, § 16, subd. 7. 

The removal or injury of battle flags, relics, etc., in the sate military bu¬ 
reau, is a misdemeanor. 

§ 238. Pay when aiding the civil authority.— All officers and 
enlisted men while on duty, or assembled therefor, pursuant to 
the orders of a judge of the supreme court, sheriff of a county or 
mayor of a city, or any other civil officer authorized by law to 
make such a demand on the military or naval forces of the state, 
in case of riot, tumult, breach of the peace, resistance to process, 
or whenever called upon in aid of civil authorities, shall receive 
the pay set forth in section one hundred and fifty-one of this chap¬ 
ter; and such compensation and the necessary expenses incurred 
in quartering, caring for, warning for duty and transporting and 
subsisting the troops, as well as the expense incurred for pay, 
care, and subsistence of officers and enlisted men temporarily dis¬ 
abled in the line of duty, while on such duty, as set forth in sec¬ 
tion one hundred and sixty-five of this chapter shall be paid by the 
county where such service is rendered. The county treasurer of 

146 


Ch. vii. SOLDIERS, SAILORS AND VETERANS. 


§ 239 


Pay, when injured. 

such county shall, upon presentation to him of vouchers and pay 
rolls for such expenses and compensation, certified by the com¬ 
manding officers of the organizations on duty in aid of civil 
authority in such counties, and approved by the commanding offi¬ 
cer of the national guard, if he be present in command where the 
duty is performed, or by the commanding officer of the brigade 
or of the naval militia to which the organizations were attached, 
forthwith execute in behalf of and in the name of such county, a 
certificate or certificates of indebtedness for the money required 
to pay such vouchers and pay rolls; such certificates shall bear in¬ 
terest at the rate of not to exceed six per centum per annum, and 
shall be made payable on the first day of February following the 
expiration of two months from their issue, and the amount thereof 
shall be raised in the next tax budget of said county succeeding 
their issue, and applied to the payment of such certificates. Said 
county treasurer shall sell such certificates at public or private 
sale, and apply the proceeds thereof to the payment of such ex¬ 
penses and compensation. In the city of New York the duties' 
hereby imposed upon a county treasurer shall be performed by 
the comptroller of said city, who shall raise the money necessary 
to comply with the provisions of this section by the issue and sale 
of revenue bonds of said city; the sum necessary to pay said 
bonds shall be included by the municipal assembly and board of 
estimate and apportionment of said city in its final estimates for 
expenses of said city for the year succeeding that in which said 
bonds were issued. Any county treasurer or public officer, who 
shall neglect or refuse to perform any of the duties required by 
this section, shall be personally charged with the cost and all neces¬ 
sary disbursements of any action or proceeding brought to compel 
such performance, together with a reasonable additional allow¬ 
ance to the plaintiff or relator in such action or proceeding, to be 
fixed by the court. 

Military Code, § 152, as am’d by Laws 1903, chap. 75. 

§ 239. Pay when injured, when a county charge. — A member 
of the national guard or naval militia who shall, when on duty 
or assembled therefor, in case of riot, tumult, breach of the peace, 
insurrection or invasion, or whenever ordered by the governor, 
commanding officer of the national guard, or the commanding offi¬ 
cer of the naval militia, or called in aid of the civil authorities, 
receive any injury, or incur or contract any disability or disease, 

147 


§ 239 SOLDIERS, SAILORS AND VETERANS. Ch. tii. 

Pay, when injured. 

by reason of such duty or assembly therefor, or who shall without 
fault or neglect on his part be wounded or disabled while per¬ 
forming any lawfully ordered duty, which shall temporarily in¬ 
capacitate him from pursuing his usual business or occupation, 
shall, during the period of such incapacity, receive the pay pro¬ 
vided by this chapter and actual necessary expenses for care and 
medical attendance. No claim shall be allowed under this section 
unless the claimant within thirty days after receiving the injury 
or contracting the disease or disability upon which the claim is 
made, notifies in writing the adjutant-general of his intention to 
make such claim. Where a claim is made under this section the 
adjutant-general may cause examinations of the claimant to be 
made from time to time by a medical officer or officers designated 
for the purpose by the adjutant-general, and he may direct the re¬ 
moval of a claimant to, and his treatment in, a hospital desig¬ 
nated by the adjutant-general, and if the claimant refuse to permit 
any such examination or if he refuse to go to such hospital or to 
follow the advice given or treatment prescribed for him therein, 
he shall thereby forfeit and be barred from all right to any claim 
or allowance under this section. Under this chapter no disability 
shall be considered temporary which continues for more than 
ninety days from the date of receiving the injury or of incurring 
or contracting the disease or disability, and pay and expenses for 
care and medical attendance for more than the said ninety days 
shall not be allowed. All claims arising under this section shall 
be inquired into by a medical examiner or by a board of three offi¬ 
cers, at least one being a medical officer, to be appointed by the 
adjutant-general, upon the application of the member claiming 
to be so incapacitated. Such medical examiner or board shall 
have the same power to take evidence, administer oaths, issue sub¬ 
poenas and compel witnesses to attend and testify and produce 
books and papers, and punish their failure to do so, as is pos¬ 
sessed by a general court-martial. The findings of the medical 
examiner or board shall be subject to the approval of the adjutant- 
general, who may return the proceedings of the medical examiner 
or board for revision and for taking further testimony. The 
amount found due such member by said medical examiner or 
board to the extent that the findings are approved by the adjutant- 
general, shall be a charge against and be paid in the manner pro¬ 
vided by this chapter, by the county in which such duty was 
rendered, in every case where a county is by this chapter made 

148 


Ch. vii. SOLDIERS, SAILORS AND VETERANS. 


§ 240 


Military parades. 

liable to pay for the performance of military duty. In all other 
cases such sums shall be paid by this state, in like manner as 
other military accounts are paid. 

Military Code, § 165, as am’d by Laws 1903, chap. 75, and Laws 1906, 
chap. 420. 

§ 240. Military parades by unauthorized bodies prohibited.— 

No body of men other than the regularly organized corps of the 
national guard and militia and the troops of the United States, 
except such independent military organizations as were on the 
twenty-third day of April, eighteen hundred and eighty-three, and 
now are in existence, shall associate themselves together as a 
military company or organization, or parade in public with fire¬ 
arms, in any city or town of this State. No city or town shall 
raise or appropriate any money toward arming or equipping, 
uniforming or in any other way supporting, sustaining or provid¬ 
ing drillrooms or armories for any such body of men; but as¬ 
sociations wholly composed of soldiers honorably discharged from 
the service of the United States, or members of the order of Sons 
of Veterans may parade in public with firearms on Decoration 
day or on May first — known as Dewey Day, or upon the recep¬ 
tion of any regiments or companies of soldiers returning from 
such service, and for the purpose of escort duty at the burials of 
deceased soldiers, and students in educational institutions where 
military science is a prescribed part of the course of instruction, 
may, with the consent of the governor, drill and parade with fire¬ 
arms in public, under the superintendence of their teachers. This 
section shall not be construed to prevent any organization author¬ 
ized to do so by law from parading with firearms, nor to prevent 
parades by the national guard or naval militia of any other state. 
The independent military organizations mentioned in this sec¬ 
tion, not regularly organized as organizations of the national 
guard, are hereby made subject to the orders of the governor in 
case of emergency or necessity, to aid the national guard in 
quelling invasion, insurrection, riot or breach of the peace, pro¬ 
vided the officers and members of such organization shall, when 
so called upon, first sign and execute and deliver through their 
commanding officer to the officers commanding the national guard, 
to whom it is ordered to report, a form of enlistment in form to be 
prescribed by the governor in regulations or orders, for a term 
not less than thirty days nor more than ninety days at one time; 

149 


§§ 241, 242 SOLDIERS, SAILORS AND VETERANS. Ch. vii. 

Volunteers from militia, etc. 

and if the service of such organization shall not be required for 
the full term of their enlistment, they shall be discharged by the 
order of the governor. All members of such independent or¬ 
ganizations, when called into sendee of the State, as herein pro¬ 
vided for, shall be equipped and paid by the State, and shall be 
protected in the discharge of their duties, and in obeying the or¬ 
ders of the governor, as though a part of the national guard of 
the State. Any person violating any provisions of this section 
shall be deemed guilty of a misdemeanor. 

Military Code, § 177, as am’d by Laws 1905, chap. 694. 

§ 241. Drafts of volunteers from militia.— Whenever it shall 
be necessary to call out any portion of the reserve militia for ac¬ 
tive duty, the governor shall direct his order to the mayor of any 
city or the supervisor of any town, who, upon receipt of the same, 
shall forthwith proceed to draft as many of the reserve militia 
in his city or town, or accept as many volunteers as are required 
by the governor, and shall forthwith forward to the governor a 
list of the persons so drafted or accepted as volunteers. 

Military Code, § 9. 

§ 242. Supervisors to furnish armories. — Whenever it shall 
appear by the certificate of the commanding officer of the regi¬ 
ment, battalion or squadron not part of a regiment, to which any 
troop, battery or company organized or existing under the pro¬ 
visions of this chapter, belongs, or in the case of a field hospital, 
company or signal corps, separate troop, battery or company, by 
the certificate of the commanding officer of the brigade to which 
it is attached, together with the certificate of the commanding 
officer of the national guard or by the certificate of the latter alone 
where the organization is attached to his headquarters, that such 
field hospital, company or signal corps, troop, battery or company, 
has at least the minimum number of enlisted men established by 
this chapter, who can legally be required to perform the duties 
prescribed thereby, the supervisors of the county in which such 
field hospital, company of signal corps, troop, battery or company 
is located, shall upon the demand of the commanding officer of 
such field hospital, company of signal corps, troop, battery or 
company, approved by the commanding officer of the squadron, 
battalion, regiment or brigade to which it belongs or is attached, 
or by the commanding officer of the national guard if attached to 
his headquarters, as the case may be, erect or rent within the 

150 


Ch. vii. SOLDIEHS, SAILOKS AND VETEKANS. 


5 *43 


Local armories. 

bounds of such county for the use of such field hospital, company 
of signal corps, troop, battery or company, a suitable and con¬ 
venient armory, drill-room, and place of deposit for the safe 
keeping of the arms, equipments, accoutrements, uniforms and 
military property furnished under the provisions of this chapter. 
The suitability and convenience of such armory shall be deter¬ 
mined by the commanding officer of the brigade to which the or¬ 
ganization demanding such armory is attached or by the command¬ 
ing officer of the national guard if the organization is attached to 
his headquarters. The supervisors of a county in which are lo¬ 
cated the headquarters of a battalion not part of a regiment shall 
provide for such headquarters and attendance at a cost not to 
exceed five hundred dollars annually, it being understood that this 
shall cover the rental and the care of said headquarters. The 
impracticability of such headquarters being established in an 
armory shall be determined by the brigade commander in whose 
brigade the battalion is located. The erection, repairs, and al¬ 
terations of all armory buildings erected or rented at the expense 
of a county shall be done under the direction and supervision of 
an inspector appointed by the army commission and an architect 
to be designated by the board of supervisors of the county. This 
section shall not apply to or affect that portion of the several 
counties lying within the boundaries of the city of New York. 

Military Code, § 131, as am’d by Laws 1906, chap. 134. 

The authority to erect or rent an armory devolves upon the supervisors 
only where a proper demand is made on them under the Military Code. They 
cannot exercise the power simply upon their own resolution. 

Ford v. Mayor, 63 N. Y. 640. 

The demand for an armory or drill-room must particularize the troops for 
which it is required. 

Dickel v. Mayor, 6 Hun, 249, 

§ 243. Local armories. — Whenever the armory commission 
shall deem it expedient that an armory be provided for the use 
of two or more companies of a regiment or a battalion or squad¬ 
ron not part of a regiment or jointly for the use of any such 
companies, and a battery or troop or both, or that suitable ac¬ 
commodations be provided for brigade headquarters, the super¬ 
visors of the county in which such brigade headquarters or such 
regiment, battalion, squadron, battery or troop, is located, shall, 
except where such accommodation is provided in a state arsenal, 
upon the demand of the commanding officer of such brigade, regi- 

151 


§ 244 SOLDIERS, SAILORS AND VETERANS. Ch.vii. 

Expense. 

ment, battalion, squadron, battery, or troop, erect or rent, within 
such county a suitable and convenient armory, approved by the 
armory commission, or provide suitable accommodation for brig¬ 
ade headquarters approved by such commission. Whenever in 
the opinion of the commanding officer in charge of any armory, or 
brigade headquarters, the same shall be unfit for use as an armory, 
or headquarters, he may make complaint to the armory commis¬ 
sion; such commission shall forthwith make, or cause to be made, 
an examination of such armory or headquarters, and if, after such 
examination, the commission shall decide that such armory or 
headquarters is unfit for use it shall immediately report the fact 
to the board of supervisors, who shall thereupon direct the alter¬ 
ation, repair, enlargement, or abandonment of the same, and in 
case of abandonment, provide another suitable armory or head¬ 
quarters, subject to approval by the armory commission as afore¬ 
said. Brigade headquarters when provided shall be deemed for 
all purposes an armory within the meaning of that word wherever 
used in this chapter. 

Military Code, § 132, as am’d by Laws 1901, chap. 314. 

§ 244. Expenses of erecting, improving and furnishing arm¬ 
ories. — The expenses of erecting, altering, repairing, enlarging or 
renting armories, purchasing lands for the location of armories, 
and for providing camp stools and chairs of a sufficient number, 
telephone service, lavatories, bath, water and wash-closets, the 
necessary apparatus, fixtures and means for heating, lighting, and 
ventilating armories, and for properly preserving the arms, equip¬ 
ments, uniforms, books, papers and records kept therein, by the 
construction of suitable lockers, closets, gun racks, desks and cases 
and the purchase of all utensils, materials and supplies necessary 
for the cleaning, care, proper keeping, maintenance and preserva¬ 
tion of the armory or portion thereof used or occupied by the 
organization therein quartered or of the arms, uniforms, equip¬ 
ments, books, papers, records and furniture used and kept by said 
organization in such armory, shall be a portion of the county 
charge of each county within the bounds of which is located any 
arsenal or armory occupied by the national guard, and shall be 
levied, collected and paid in the same manner as other county 
charges are levied, collected and paid. No money shall be appro¬ 
priated for decorating any armory erected or rented under the 
provisions of this chapter, nor for any other purpose, to be paid 

152 


( ' H. VII. 


SOLDIERS, SAILORS AND VETERANS. 


§ 245 


Sites for armories. 

out of the moneys thus levied and collected, unless the necessity of 
such expediture shall have been examined into and certified to the 
board of supervisors of the county in which the armory is located, 
as hereinafter provided. In case expenditure shall be required 
for erection, alteration, repairing, enlarging, renting, heating, 
lighting, ventilation, lavatories, bath, water or wash-closets, such 
expenditure shall be made on the certificate of the senior line offi¬ 
cer commanding an organization therein quartered approved by 
the armory commission. In all other cases such expenditure shall 
be made upon the certificate of the auditing board of the or¬ 
ganization commanded by the ranking line officer quartered 
therein, approved by the commanding officer of the brigade in 
whose command such armory is located. 

Military Code, § 133, as am’d by Laws 1905, chap. 618. 

§ 245. Acquisition of sites by boards of supervisors. — The 

board of supervisors of any county in which any State armory is 
now to be built or is hereafter required to be erected for the use 
of the active militia in such county, are authorized to purchase a 
suitable site for the erection of such armory, to be approved by the 
armory commission, the title to which shall be taken in the name 
of and be vested in the people of this State. If such board is 
unable to agree for the purchase of such site with the owners 
thereof, the chairman of such board shall acquire title to such 
property in the name of the people of the State under the Con¬ 
demnation Law, and such board, when notified by its chairman 
that any land has been purchased or acquired pursuant to the 
provisions of this section, shall appropriate such sums as shall 
be necessary for the payment of the purchase price or cost of 
such property, together with the cost of acquiring the title thereto, 
and for the grading, filling, excavating, draining, paving streets, 
flagging sidewalks, fencing such property, providing sewer con¬ 
nections and the furnishing and equipping of the armory when 
built, which shall be county charges. 

Whenever any real property is taken for the purpose of erecting 
a State armory thereon, the buildings on such property, or the old 
materials in the same, may be sold at public or private sale, for 
the Lest price that can be obtained, and if the property is taken by 
the State the net sum realized therefrom shall be paid into the 
State treasury, and if taken by a county, to the county treasurer of 
said county, or it may be used for the improvement of the property 

153 


§§ 246, 247 S0LD1EKS, SAILOitS AND VETEKANS. Oh. vix. 

Control of armory, etc. 

taken by the authorities authorized to erect such armory. This 
section shall not apply to or affect that portion of the several 
counties lying within the boundaries of The City of New York. 

Military Code, § 136. 

§ 246. Control of armory.— Every armory shall be under the 
control and charge of the ranking line officer commanding an 
organization therein quartered. 

Military Code, part of § 137. 

§ 247. Amorers, janitors and engineers.— There shall be al¬ 
lowed for each armory and for the headquarters of the national 
guard, the naval militia and of each brigade, one armorer. If an 
armory be heated by steam there shall be allowed one engineer and 
also one assistant engineer of the commanding officer of the 
brigade within whose command such armory is located, and the 
officer in charge of such armory shall certify to the disbursing 
officer of the county in which such armory is located that the 
services of an assistant engineer are necessary; in an armory 
occupied by a regiment and lighted by electricity produced by 
machinery operated by the power of steam, if such steam is gen¬ 
erated and machinery operated within such armory, there shall 
be allowed on like certificate an additional assistant engineer; 
there shall be allowed for an armory occupied by a regiment, 
by a battalion or squadron not part of a regiment, by a battery 
of light artillery, by a troop, by a company of signal corps, by a 
field hospital, or by two or more separate batteries or companies, 
one janitor; and the armorer, the engineer and the janitor thus 
authorized shall be appointed by the ranking officer of the organ¬ 
ization or organizations quartered in the armory. Where a field 
hospital, a company of signal corps, troop, battery of light artil¬ 
lery, or the headquarters of the national guard or of a brigade, 
occupies a portion of an armory or state arsenal, each shall be 
entitled to an armorer, and such field hospital, company of signal 
corps, troop or battery of light artillery shall also be entitled to 
a janitor, who shall be appointed by its respective commanding 
officer, and such headquarters and quarters shall be considered 
an independent armory, upon the approval and certificate of the 
commanding officer of the national guard or of the brigade within 
whose command such armory is located. All persons appointed 
or employed pursuant to this or the succeeding section shall per- 

154 


Ch. vii. SOLDIERS, SAILORS AND VETERANS. $§ 248, 249 

Laborers, compensation. 

form such duties as shall from time to time, be prescribed by the 
officer appointing or employing them. 

Military Code, § 138, as am’d by Laws 1906, chap. 134. 

§ 248. Laborers.— To provide for the proper care and cleanli¬ 
ness of armories and arsenals and of the property therein de¬ 
posited, the commanding officer of a regiment, battalion or squad¬ 
ron not part of a regiment, troop, battery, company, company of 
signal corps, field hospital, or brigade, or the ranking command¬ 
ing officer, where two or more separate batteries or companies 
are quartered in an armory or arsenal, may appoint laborers as 
follows: for armories or arsenals having ten thousand square 
feet or less of floor surface, one laborer; when the floor surface 
exceeds twenty thousand square feet, two laborers; and for each 
twenty thousand in excess of twenty thousand, an additional la¬ 
borer; boiler and engine rooms, unused cellar rooms and rooms 
used for employees* quarters shall not be included in computing 
such floor surface. For regiments of heavy or coast artillery, 
in addition to the above, one expert laborer, competent to care 
for artillery implements, guns and instruments. For armories of 
squadrons, troops, batteries, field hospitals and companies of sig¬ 
nal corps, in addition to the above, one laborer to each ten horses 
therein stabled and used for military purposes by such squadron, 
troop, battery, field hospital or company of signal corps. Be¬ 
fore any such appointment is made, the necessity for the em¬ 
ployment of such laborer or laborers shall be certified by the com¬ 
manding officer of the brigade, and such certificate shall be filed 
in the office of the disbursing officer of the county in which the 
armory or arsenal is situated. A certificate of the number of feet 
of floor surface of each armory or arsenal in which laborers are 
appointed shall be made by the engineer of the brigade and ap¬ 
proved by the commanding officer of the brigade within whose 
command such armory or arsenal is located, and filed in the office 
of the disbursing officer of the county in which the armory or 
arsenal is located, except as to counties wholly or partly within 
the city of New York, when it shall be filed with the comptroller 
of said city. 

, Military Code, § 139, as am’d Laws 1906, chap. 134. 

§ 249. Compensation of employes in armories.— The persons 
appointed under the provisions of the two preceding sections shall 
receive compensation for the time actually and necessarily em- 

155 


§ 249 SOLDIERS, SAILORS AND VETERANS. Ch. vii. 

Compensation of laborers. 

ployed in tlieir duties, to be fixed by the commanding officer ap¬ 
pointing such persons as follows: When employed in armories 
or arsenals located in cities, armories, janitors and engineers not 
to exceed four dollars per day, unless the city has a population of 
less than two hundred thousand, in which case such compensation 
shall not exceed three dollars per day, and two dollars per day 
in armories or arsenals not located in cities; laborers not to exceed 
two dollars per day, except in cities having a population of one 
million or over, three dollars per day, an armorer employed in an 
arsenal or armory having two hundred thousand or more square 
feet of floor surface and occupied by a regiment, and laborers em¬ 
ployed in arsenals or armories located in cities having a popula¬ 
tion of over three hundred thousand and less than one million 
may, in the discretion of the commanding officer appointing them, 
receive additional compensation not to exceed twenty-five cents 
per day after five years service and not to exceed twenty-five cents 
per day for each succeeding five years service, the aggregate 
amount of such additional compensation not to exceed one dollar 
per day, which compensation, as certified to by the commanding 
officer appointing such persons, under the provisions of the two 
preceding sections, shall be paid semi-monthly upon the certificate 
of such officer, and shall be a county charge upon the county in 
which such armory or arsenal is situated, and shall be levied, col¬ 
lected and paid in the same manner as other county charges are 
levied, collected and paid. A commissioned officer in active serv¬ 
ice shall not be eligible for appointment to, and shall not hold the 
position of armorer, janitor, engineer or laborer in any armory 
or arsenal. 

Military Code, § 140, as am’d by Laws 1905, chap. 618. 

The board of supervisors have no discretion, nor jurisdiction, to audit or 
review the amount of compensation so certified; they have no other duty in 
reference thereto, except to cause the amount to be levied, collected and paid 
like other county charges. 

And the supervisors have no authority to deduct an allowance for Sundays 
necessarily employed. 

People ex rel. Archambault v. Supervisors, 91 N. Y. 672. 

The relator was entitled to the payment, monthly, of a per diem compensa¬ 
tion of $2 per day for his services, as janitor of* the armory of the city of 
Kingston. No provision having been made by the board of supervisors for 
these payments, he discounted his claim at a bank, paying therefor, in all 
$42.50. Held, that the discount allowed the bank was not a county charge, 
and that an application for mandamus to compel the board to allow the 
claim, was properly denied. 

People ex rel. Johnston v. Supervisors, 43 Hun, 385. 


156 


Ch. vii. SOLDIERS, SAILORS AND VETERANS. §§ 350, 351 


Naval militia. 

§ 250. Arm^ers and employes for naval militia.— On any ves¬ 
sel used as an armory of the naval militia, in accordance with 
section one hundred and forty-two of this chapter, the ranking 
commanding officer of the organization or organizations quartered 
on said vessel shall have the right to appoint as many employes 
of the same classes described in the three preceding sections as, 
in his judgment, the care and safety of the vessel, its equipment, 
armament and stores demand, and to establish their respective 
duties, ratings and compensation; always provided, however, that 
the gross compensation of such employes shall not exceed the 
amount per day authorized and established by section one hun¬ 
dred and forty of this chapter. The duties of the aforesaid em¬ 
ployes shall include service on boats which are under the com¬ 
mand of the ranking officer of such naval militia organization. 

Military Code, § 141. 

§ 251. Armories for naval militia.— Armories of the naval 
militia shall be situated immediately on or near navigable waters 
of the State, in such position as best to promote the efficiency of 
the service. The word “ armory ” as used in this article, and 
in any part of this chapter when applied to the naval militia, 
shall be held to include a vessel used as an armory for the pur¬ 
poses of instruction, drill and defense, and a building used for 
any like purpose or as a place of deposit for naval stores, equip¬ 
ments or property. Organizations of the naval militia shall have 
the same right to make requisition on the proper public officers 
for the erection of armories as is granted by law to organizations 
of the national guard and all provisions of law as to the acquisi¬ 
tion of armory sites, the obligation of public officers and public 
corporations to provide the same and the acquisition of sites, and 
furnishing, altering, repairing, adding to and erecting armories 
and the furnishing of supplies to organizations quartered therein 
are hereby made applicable to organizations of the naval militia. 
The commanding officer of the naval militia shall at all times have 
access to armories provided for organizations of his command. 
The department, bureau, officer or authority having the charge 
or control of docks within the limits of a city shall upon the req¬ 
uisition of the commanding officer of the naval militia when di¬ 
rected so to do by the armory board of the city of New York as to 
said city and by the armory commission as to other cities furnish 
without charge or expense to the state and naval militia suitable 

157 


§§ 252 , 253 SOLDIERS, SAILORS AND VETERANS. Ch. vii. 

Armory; Decoration Day. 

and adequate dock, berthing and mooring facilities for vessels 
and boats used by any organization of the naval militia located in 
said city and free access thereto at all times for the members of 
such militia. The armory board of the city of New York and 
the armory commission as to other cities are hereby authorized 
and empowered to furnish dock facilities for the use of the naval 
militia as hereinbefore stated and to determine the suitability 
and adequateness of the facilities of the dock, berthing and moor¬ 
ing facilities. The word “ dock ” where used in this section shall 
be construed to include wharves, piers, bulkheads, slips, basins, 
docks and waterfront. 

Military Code, § 142, as am’d by Laws 1904, chap. 149. 

§ 252. Armory defined.— The word armory wherever used in 
this article shall include suitable stables and stabling accommo¬ 
dations for mounted organizations. 

Military Code, § 144, added by Laws 1903, chap. 74. 

§ 253. Town boards may vote expenses to observe Decoration 
day.—It shall be lawful for the town boards of any town in this 
state at any regular or special meeting to vote any sum of money 
not exceeding fifty dollars in any year, or in towns of over five 
thousand inhabitants according to the last preceding state enu¬ 
meration, in which are maintained two or more posts of the Grand 
Army of the Republic, a sum not exceeding one hundred dollars 
in any year, for the purpose of* defraying the expenses of the 
proper observance of Memorial or Decoration day, which amount 
shall be assessed, levied and collected in the same manner as other 
expenses of said town are assessed, levied and collected and shall 
be paid to the supervisor of such town and be disbursed by him 
in such manner as the town board of such town may direct upon 
vouchers properly receipted and audited by the town board of 
such town; except that in any town in which there may be a post 
of the Grand Army of the Republic, such post may direct the man¬ 
ner and extent of such observance and the supervisor shall pay the 
expense thereof upon the order or orders of the commander or 
quartermaster of such post, which orders shall be his vouchers 
for such payment, and in case there may be two or more posts of 
the Grand Army of the Republic in any such town the commanders 
and quartermasters of such posts, by concurrent action, shall direct 
the supervisor of such town what proportion of such money so 
raised shall be expended by each of such posts, which proportion 

158 


Ch. vii. SOLDIERS, SAILORS AND VETERANS. §§ 254-256 

Decoration Day, etc. 

shall be paid by such supervisor upon the order or orders of the 
commander and quartermaster of each of such posts. 

Laws 1890, chap. 223, as amended by Laws 1898, chap. 36, Laws 1899, 
chap. 679; Laws 1901, chap. 87. 

§ 254. Same, where two towns join. — In case there is a post 
in a town adjoining a town in which no post is located, whose mem¬ 
bership includes at least three residents of such town having no 
post, the post shall appoint a committee of not less than three of 
its members w T ho are residents of the said adjoining town in which 
the post is not located, and the supervisor of said town shall pay 
the expenses of observance of Memorial or Decoration day upon 
the order or orders of said committee or a majority thereof, which 
orders shall be his vouchers for such payment. 

Laws 1890, chap. 223, § 2, added by Laws 1895, chap. 485. 

§ 255. Leave of absence to veterans to participate in exercises. 

—it shall be the duty of the head of every public department and 
of every court of the state of New York, of every superintendent 
or foreman on the public works of said state, of the county officers 
of the several counties of said state, and of the head of every de¬ 
partment, bureau and office in the government of the various 
cities and villages in this state, to give leave of absence with pay 
for the twenty-four hours of the thirtieth day of May, or such 
other day as may, according to law, be observed as memorial day, 
to every person in the service of the state, the county, the city or 
village, as the case may be, who served in the army or the navy 
of the United States in the war of the rebellion, or who served 
in the regular or volunteer army or the navy or the marine corps 
of the United States during the war with Spain or during the in¬ 
surrection in the Philippine islands, and who was honorably dis¬ 
charged from such service. A refusal to give such leave of ab¬ 
sence to one entitled thereto shall be neglect of duty. 

Laws 1895, chap. 220, as am’d by Laws 1902, chap. 81. 

§ 256. All property exempt by law from execution, other 
than an exempt homestead. —But real property purchased with 
the proceeds of a pension granted by the United States for mili¬ 
tary or naval services, and owned and occupied by the pensioner, 
or by his wife or widow, is subject to taxation as herein provided. 
Such property shall be assessed in the same manner as other real 
property in the tax districts. At the meeting of the assessors to 

159 


§ 256 


SOLDIERS, SAILORS AND VETERANS. Oh. vii. 


Property exempt. 

hear the complaints concerning assessments, a verified application 
for the exemption of such real property from taxation may be pre¬ 
sented to them by or on behalf of the owner thereof, which ap¬ 
plication must show the facts on which the exemption is claimed, 
including the amount of pension money used in or toward the 
purchase of such property. If the assessors are satisfied that the 
applicant is entitled to the exemption, and that the amount of 
pension money used in the purchase of such property equals or 
exceeds the assessed valuation thereof, they shall enter the word 

exempt ” upon the assessment-roll opposite the description of 
such property. If the amount of such pension money used in the 
purchase of the property is less than the assessed valuation, they 
shall enter upon the assessment-roll the words “ exempt to the ex¬ 
tent of.dollars ” (naming the amount) and thereupon 

such real property, to the extent of the exemption entered by the 
assessors, shall he exempt from state, county and general municipal 
taxation, hut shall be taxable for local school purposes, and for 
the construction and maintenance of streets and highways. If no 
application for exemption he granted, the property shall be sub¬ 
ject to taxation for all purposes. The entries above required shall 
be made and continued in each assessment of the property so 
long as it is exempt from taxation for any purpose. The pro¬ 
visions herein, relating to the assessment and exemption of prop¬ 
erty purchased with a pension apply and shall be enforced in 
each municipal corporation authorized to levy taxes. 

Tax Law, § 4, subd. 5, as am’d by chap. 347, Laws of 1897. 

The Code of Civil Proc. also exempts 

“ Military pay, rewards, et cetera, exempt from execution and other legal 
proceedings.— The pay and bounty of a non-commissioned officer, musician or 
private in the military or naval service of the United States or the State of 
New York; a land warrant, pension or other reward heretofore or hereafter 
granted by the United States, or by a state, for military or naval services; a 
sword, ’horse, medal, emblem or device of any kind presented as a testimonial 
for services rendered in the military or naval service of the United States or 
a state; and the uniform, arms and equipments which were used by a person 
in that service, are also exempt from levy and sale, by virtue of an execution, 
and from seizure for nonpayment of taxes, or in any other legal proceeding; 
except that real property purchased with the proceeds of a pension granted 
by the United States for military or naval services, and owned by the pen¬ 
sioner, or by his wife or widow, is subject to seizure and sale for the collec¬ 
tion of taxes or assessments lawfully levied thereon.” 

This act takes effect September first, eighteen hundred and ninety-six. 

Code Civ. Pro., § 1393, as am’d by chap. 348, Laws 1897. 


160 



CHAPTER EIGHT. 


OF PROCEEDINGS IN CODE OF CRIMINAL PROCEDURE RESPECTING 
THE SUPPORT OF POOR PERSONS BY RELATIVES, ETC. 


§257. Who may be compelled to sup¬ 
port poor relatives. 

§258. Order to compel a person to 
support a poor relative, by 
whom and how applied for, to 
court of sessions. 

§259. Court to hear the case, and 
make orders of support. 

§260. Support, when to be appor¬ 
tioned among different rela¬ 
tives. 

§261. Order, to prescribe time during 
which support is to continue, 
or may be indefinite; when and 
how order may be varied. 

§262. Costs, by whom to be paid, and 
how enforced. 

§263. Action on the order, on failure 
to comply therewith. 


§264. Parents leaving their children 
chargeable to the public, how 
proceeded against. 

§265. Seizure of their property; 
transfer thereof, when void. 

§266. Warrant and seizure, when con¬ 
firmed or discharged; direction 
of the court thereon. 

§267. Warrant, in what cases to be 
discharged. 

§268. Sale of the property seized, and 
application of its proceeds. 

§269. Powers of superintendents of 
poor. 

§270. Disorderly persons. 

§271. Compelling prisoner to work. 

§272. Proceeds of labor. 

§273. Support of vagrants. 

§274. Tramp defined. 

§275. Tramp a state charge. 


§ 257. Who may be compelled to support poor relatives. — The 

father, mother and children, if of sufficient ability, of a poor person 
who is insane, blind, old, lame, impotent or decrepit, so as to be 
unable by work to maintain himself, must, at their own charge, re¬ 
lieve and maintain him in a manner to be approved by the overseers 
of the poor of the town where he is, or in The City of Yew York, 
by the commissioner of public charities. If such poor person be 
insane, he shall be maintained in the manner prescribed by the 
insanity law. The father, mother, husband, wife or children of a 
poor insane person legally committed to and confined in an insti¬ 
tution supported in whole or in part by the state, shall be liable, if 
of sufficient ability, for the support and maintenance of such in¬ 
sane person from the time of his reception in such institution. 
[Thus amended by L. 1898. chap. 399, taking effect April 22, 
1898.] 

The liability of a child to support his parents, who are infirm, destitute 
or aged, is wholly created by statute and, therefore, the law' does not imply a 
promise from the child to pay for necessaries furnished, without his request, 
to an indigent parent. 

Edwards v. Davis, 16 Johns. 281. 

n 161 


§ 257 


SUPPORT OF POOR PERSONS, ETC. 

Who may be compelled to support. 


Ch. VIII. 


At common law no legal duty rests upon a child to support his indigent 
parent, and until proceedings to charge him with such support are taken as 
provided by statute he is not liable therefor. 

Frazer v. Dewitt, 49 Hun, 53. 

And a son, who requests the superintendents of the poor to take proceed¬ 
ings to have his father committed to an asylum, and promises to pay a 
certain sum towards his future support, is liable therefor. 

Id. 

The statute requiring a grandchild to support his indigent grandparents, 
extends to the case of his indigent maternal grandparents. 

Ex parte Hunt, 5 Cow. 284. 

A husband is not bound to maintain his wife’s children, especially her 
illegitimate children, born before his marriage. 

Overseers of the Poor v. Cox, 7 Cow. 234. 

The wife of a man who is bound by law to support her, and who is abun¬ 
dantly able to do so, cannot be regarded as a pauper. 

Norton v. Rhodes, 18 Barb. 100. 

The case of Stevens v. Cheney, 36 Hun. 1, was under the Civil Damage 
Act brought by a father who was dependent upon his son for support and 
who was deprived of that support by the sale of intoxicating liquors to 
the son by the defendant. The court said: “Under this statute (§ 914) 
the child is bound to aid in the support of a parent if he is a poor person 
and unable to defend himself, and, if he fails to do so, the court of sessions 
may compel him. If the child recognizes the duty laid upon him by statute 
to care for his indigent parent and voluntarily assumes it without waiting 
to be compelled by the court of sessions, what right have third persons or 
wrongdoers to interfere and prevent? The law affords the same protection 
to those who perform their duty voluntarily as it does to those who reluc¬ 
tantly act under compulsion, and we are of opinion that if the parent is a 
poor person within the provisions of the statute, it was the duty of the son 
to aid in his support, and if he voluntarily did that and the plaintiff has 
been deprived of his means of support by reason of the intoxication, that 
then he may recover, even though his child is over the age of twenty-one 
years.” 

See, also, De Puy v. Cook, 90 Hun, 43. 

If there are two or more persons equally liable to support an indigent 
person contribution may be ordered and all may be made to pay in accord¬ 
ance with their means. 

Stone v. Burgess, 47 N. Y. 521. 

The common law affords no means of compelling a husband to support 
his wife otherwise than by making him liable to third persons who have 
supplied her with necessaries after he has improperly refused so to do, and 
the statute providing for the compulsory support of indigent relatives does 
not apply to husband and wife. 

People ex rel. Kehlbeck v. Walsh, 11 Hun, 292. 

It is the duty of superintendents of the poor to care for paupers. The 
wife of a man who is abundantly able to provide for her cannot be deemed 
a. poor person. Superintendents of the poor cannot, therefore, maintain an 
action in their official capacities against a husband for boarding, clothing 
and medical aid furnished to his wife as a pauper. 

Norton et al. v. Rhodes, 18 Barb. 100. 


162 


Ch. viii. 


SUPPORT OF POOR PERSONS, ETC. §§ 258, 259 


Order to compel; court to hear case. 

§ 258. Order to compel a person to support a poor relative, et 
cetera.— If a relative of a poor person fail to relieve and main¬ 
tain him, as provided in the last section, the overseers of the poor 
of the town where he is, or in The City of New York, the commis¬ 
sioners of public charities [] may apply to the court of general 
sessions of the County of New York, or to the County Court of 
any other county where the poor person dwells, for an order to com¬ 
pel such relief, upon at least five days’ written notice, served 
personally, or by leaving it at the last place of residence of the 
person to whom it is directed, in case of his absence, with a person 
of suitable age and discretion. If such poor person be insane and 
legally committed to and confined in an institution supported in 
whole or in part by the state, and his relatives refuse or neglect to 
pay for his support and maintenance therein, application may be 
made by the treasurer of such institution in the manner provided 
in this section for an order directing the relatives liable therefor 
to make such payment. [Thus amended by L. 1898, chap. 399, 
takmg effect April 22, 1898, amd by L. 1904, chap. 520.] 

The overseers of the poor of the town of Cazenovia were the proper parties 
to begin proceedings to compel a father to support his poor and infirm son. 

Tillotson v. Smith, 12 St. Rep. 331. 

The superintendent of the poor cannot maintain an action against a hus¬ 
band for the maintenance of his wife as a pauper. 

Norton v. Rhodes, 18 Barb. 100. 


§ 259. Court to hear the case and make order of support.— At 

the time appointed in the notice, the court or a judge thereof must 
proceed summarily to hear the allegations and proofs of the parties, 
and must order such of the relatives of the poor person mentioned 
in section nine hundred and fourteen, as were served with the no¬ 
tice and are of sufficient ability, to relieve and maintain him, speci¬ 
fying in the order the sum to he paid weekly for his support, and 
requiring it to be paid by the father, or if there be none, or if he 
be not of sufficient ability, then by the children, or if there be 
none, or they be not of sufficient ability, then by the mother. If 
the application be made to secure an order compelling relatives to 
pay for the maintenance of insane poor persons committed to and 
confined in an institution supported in whole or in part by the 
state such order shall specify the sum to be paid for his mainte¬ 
nance by his relatives liable therefor, from the time of his recep¬ 
tion in such institution to the time of making such order, and also 

163 


Ch. viii. 


§§ 260, 261 SUPPORT OF POOR PERSONS, ETC. 


Support; time to continue, etc. 

the sum to be paid weekly for his future maintenance in such 
institution. The relatives served with such notice shall be deemed 
to be of sufficient ability, unless the contrary shall affirmatively 
appear to the satisfaction of the court or a judge thereof. [Thus 
amended by L. 1898, chap. 399, taking effect April 22, 1898.] 


§ 260. Support; when to be apportioned among different rela¬ 
tives.— If it appear that any such relative is unable to wholly 
maintain the poor person or to pay for his maintenance if confined 
in a state institution for the insane, but is able to contribute toward 
his support, the court or a judge thereof may direct two or more 
relatives of different degrees, to maintain him or to pay for his 
maintenance in such an institution if insane, prescribing the pro- 
j3ortion which each must contribute for that purpose; and if it 
appear that the relatives are not of sufficient ability wholly to 
maintain him, or to pay for his maintenance in such an institution, 
if insane, but are able to contribute something, the court or a judge 
thereof must direct the sum, in proportion to their ability, which 
they shall pay weekly for that purpose. If it appears that the 
relatives who are liable for the maintenance of an insane poor 
person confined in a state institution for the insane are not able to 
pay the whole amount due for such maintenance from the time of 
such poor person’s admission to such institution, the court or a 
judge thereof must direct the sum to be paid for such mainte¬ 
nance in proportion to the ability of the relatives liable therefor. 
[Thus amended by L. 1898, chap. 399, taking effect April 22, 
1898.] 

This section authorizes the court to require persons equally liable for the 
support of an indigent parent to contribute toward such support according 
to their ability, and where one of two persons is unable to contribute his 
entire proportion of such support, the court is authorized to require him 
to contribute according to his ability, and to require the other to pay the 
residue. 

Stone v. Burgess, 47 N. Y. 521; 2 Lans. 439. 

And an order reciting that the two are of sufficient ability, and directing 
the proportion each one is to pay, if the proportion is unequal, is, in effect, 
a determination that the one required to pay the less sum is unable to pay 
his full proportion, but is able to pay the sum fixed, and such order is valid 

Id. 


§ 261. Order to prescribe time during which support is to con¬ 
tinue, or may be indefinite; when and how order may be varied._ 

The order may specify the time during which the relatives must 

164 


Ch. viii. 


SUPPORT OF POOR PERSONS, ETC. 


§§ 262, 263 


Costs; action on failure to comply. 


maintain the poor person, or during which any of the sums di¬ 
rected by the court or a judge thereof are to he paid, or it may 
be indefinite or until the further order of the court or a judge 
thereof. If the order be for payment of a weekly sum for the 
maintenance of an insane poor person in a state institution, the 
order shall specify that such sum shall he paid as long as such in¬ 
sane poor person is maintained in such institution. The court or 
a judge thereof may from time to time vary the order, as circum¬ 
stances may require, on the application either of any relative 
affected by it, or of an officer on whose application the order was 
made, upon ten days’ written notice. [Thus amended by L. 1898, 
chap. 399, taking effect April 22, 1898.] 

So long as an order, made by a court of sessions, directing the relative 
of a poor person to pay a specified sum periodically to the superintendent 
of the poor for the support of such poor person, remains unchanged, such 
relative is liable to pay the sum therein prescribed. If he or she desires to 
be relieved therefrom application should be made under the above section 
of the Code for an amendment of the order. 

Aldridge v. Walker, 73 Hun, 281; 57 St. Rep. 273; 26 N. Y. Supp. 296. 

Such an order is not void because it gives no option to such person either 
to support her daughter or to pay the amount provided, and if it is irregular 
the remedy is by appeal, and the question of its irregularity cannot be 
properly raised in an action brought to collect the amount directed to be 
paid by such person. Id. 

. § 262. Costs, by whom to be paid, and how enforced.— The 

costs aucl expenses of the application must be ascertained by the 
court, and paid by the relatives against whom the order is made; 
and the payment thereof, and obedience to the order of mainte¬ 
nance, and to any order for the payment of money, may he en¬ 
forced by attachment. 


§ 263. Action on the order on failure to comply therewith.— 

If a relative, required by an order of the court or a judge thereof 
to relieve and maintain a poor person, neglect to do so in the 
manner approved by the officers mentioned in section nine hun¬ 
dred and fourteen, and neglect to pay to them weekly the sum 
prescribed by the court or a judge thereof, the officers may main¬ 
tain an action against the relative, and recover therein the sum 
prescribed by the court or a judge thereof, for every week the 
order has been disobeyed, to the time of the recovery, with costs, 
for the use of the poor. Tf the order directs a relative to pay for 
the maintenance of an insane poor person in a state institution, 

165 


§ 264 SUPPORT OF POOR PERSONS, ETC. Ch. viii. 


Parents leaving children. 

and such relative refuses or neglects to pay the amount specified 
therein, an action may be brought by the treasurer of such insti¬ 
tution in its corporate name to recover the amount due to such 
institution by virtue of such order. [Thus amended by L. 1898, 
chap. 399, taking effect April 22, 1898.] 

Defendant is not in default of an order of the court requiring him to sup¬ 
port his mother at his own house when he has to support her for about a 
year, and she leaves without any just cause and does not return, he being 
willing to receive and support her in his family. 

Converse v. McArthur, 17 Barb. 410. 

When an order is made requiring the relative o'f a person to support him, 
and fixing a sum to be paid weekly, the relative may provide for the sup¬ 
port of the pauper, at such place and in such manner as he shall deem 
proper, provided the place and manner are approved by the overseer, and it 
is not until he has neglected or refused to do this that he is liable for the 
sum directed to be paid. 

Duel v. Lamb, 1 T. & C. 66. 

§ 264. Parents leaving their children chargeable.— When the 
father, or the mother being a widow or living separate from her 
husband, absconds from the children, or a husband from his wife, 
leaving any of them chargeable or likely to become chargeable 
upon the public, the officers mentioned in section 914 may apply 
to any two justices of the peace or police justices in the county 
in which any real or personal property of the father, mother or 
husband is situated, for a warrant to seize the same. Upon due 
proof of the facts, the magistrate must issue his warrant, authoriz¬ 
ing the officers so applying to take and seize the property of the 
person so absconding. Whenever any child shall be committed 
to an institution, pursuant to any provision of the Penal Code, any 
magistrate may issue a warrant for the arrest of the father of the 
child, and examine into his ability to maintain such child in whole 
or in part; and if satisfied that such father is able to contribute 
toward the support of the child, then the magistrate shall, by 
order, require the weekly payment of such father of such sum, 
and in such manner as such magistrate shall, in said order, direct, 
toward the maintenance of such child in such institution, which 
amount when paid shall be credited by the institution to the city 
town or county against any sums due to it therefrom on account of 
the maintenance of the child. 

One of two overseers of the poor is authorized to institute and carry on 
proceedings for the seizure of property of one who has absconded leaving 
Ins wife or child chargeable to the town. When only one overseer acts the 
consent of the other will be presumed. 

Downing v. Rugar, 21 Wend. 178. 


Ch. viii. SUPPORT OP POOR PERSONS, ETC. §§ 265-367 

Warrant and seizure of property. 

It is the duty of the court, before confirming the warrant and seizure 
and directing the sale of property, to require the overseers to produce some 
evidence to establish the case charged in the warrant, against the party 
whose property is seized, and the case may be contested by such party. 

Read v. Triangle, 23 Barb. 236. 

In cases of a commitment of a child to an institution, the above section 
authorizes a magistrate to order the father to pay a sum for the child’s 
support which is to be credited by the institution to the city, town or county 
against any sum due for maintenance. 

People v. Dickson, 57 Hun, 315. 


§ 265. Seizure of their property; transfer thereof, when void.— 

The officers so applying may seize and take the property, wherever 
it may be found in the same county; and are vested with all the 
right and title thereto, which the person absconding then had. 
The sale or transfer of any personal property, left in the county 
from which he absconded, made after issuing the warrant, whether 
in payment of an antecedent debt or for a new consideration, is 
absolutely void. The officers must immediately make an inventory 
of the property seized by them, and return it, together with their 
proceedings, to the next county court of the county where they 
reside, there to be filled. 

§ 266. Warrant and seizure, when confirmed or discharged.— 

The court, upon inquiring into the circumstances of the case, maj 
confirm or discharge, the warrant and seizure; and if it be con 
firmed, must, from time to time, direct what part of the persona] 
property must be sold, and how much of the proceeds of the sale, 
and of the rents and profits of the real property, if any, are to be 
applied toward the maintenance of the children or wife of the per¬ 
son absconding. 

It is not sufficient that the court is satisfied that a warrant has been 
issued by two justices, and that the overseers have seized the property and 
made an inventory thereof, and returned it to the court. An inquiry into 
the merits of the case was intended by the legislature. 

People v. Overseers, 23 Barb. 236. 


§ 267. Warrant, in what cases to be discharged.— Tf the party 
against whom the warrant issued, return and support the wife and 
children so abandoned, or give security satisfactory to any two 
justices of the peace or police justices in the city, village or town, 
to the overseers of the poor of the town, or in the city of New 
York, to the commissioners of charities and corrections, that the 
wife or children so abandoned shall not be chargeable to the town 

167 


§§ 268-270 


SUPPORT OF POOR PERSONS, ETC. 


Ch. viii. 


Sale of property seized, etc. 

or county, then the warrant must be discharged by an order of 
the magistrates, and the property taken by virtue thereof restored 
to the party. 


§ 268. Sale of the property seized, and application of its pro¬ 
ceeds.— The officers must sell at public auction the property or¬ 
dered to be sold, and receive the rents and j^rofits of the real prop¬ 
erty of the person absconding, and in those cities, villages or towns 
which are required to support their own poor, the officers charged 
therewith must apply the same to the support of the wife or chil¬ 
dren so abandoned; and for that purpose must draw on the county 
treasurer, or in the city of New York, upon the comptroller, for 
the proceeds as directed by special statutes. They must also ac¬ 
count to the county court of the county, for all money so received 
by them, and for the application thereof, from time to time, and 
may be compelled by that court to render that account at any time. 


§ 269. Powers of superintendents of poor.— In those counties 
where all the poor are a charge upon the county, the superin¬ 
tendents of the poor are vested with the same powers, as are given 
by this title to the overseers of the poor of the town, in respect 
to compelling relatives to maintain poor persons, and in respect 
to the seizure of the property of a parent absconding and abandon¬ 
ing his family; and are entitled to the same remedies in their 
names, and must perform the duties required by this title, of over¬ 
seers, and are subject to the same obligations and control. 

An action cannot be maintained by superintendents of poor against a 
husband for boarding, clothing and medical aid furnished to his wife as a 
pauper; notwithstanding he has maltreated’ her and expelled her from his 
house without just cause, and refuses to provide for her though of sufficient 
ability to do so. 

Norton v. Rhodes, 18 Barb. 100. 

It was proper for the overseers of the poor of the town of Cazenovia to 
begin proceedings against a father to compel him to support his poor and 
infirm son. 

Tillotson v. Smith, 12 St. Rep. 331. 

§ 270. Disorderly persons and imprisonment of same.— The 

court may also, in its discretion, order a person convicted as a 
disorderly person, to be kept in the county jail, or, in the city of 
New York, in the city prison or penitentiary of that city, for a 

term not exceeding six months at hard labor. 

Code Crim. Pro., § 911. 


168 


Ch. viii. 


SUPPORT OF POOR PERSONS, ETC. §§ 271-273 

Compelling prisoners to work, etc. 

§ 271. Compelling prisoner to work — Materials, etc.— If there 
be no means provided in the prison, for employing the offender 
at hard labor, the court may direct the keeper to furnish him 
such employment as it may specify, and for that purpose, to 
purchase materials and implements, not exceeding a prescribed 
value, and to compel the offender to perform the work allotted to 
him. The expenses incurred in carrying the order into effect, 
must be paid to the keeper by the county treasurer, upon the de¬ 
livery to him of the order of the court, and an account under the 
oath of the keeper, of the materials and implements furnished. 

Code Crim. Pro., § 912. 

§ 272. Proceeds of prisoner’s labor, etc.— The keeper must sell 
the produce of the labor of the offender, and must account for 
the cost of the materials or implements purchased, and for one-half 
of the surplus, to the board of supervisors, and pay it into the 
county treasury, and pay the other half of the surplus to the per¬ 
son by whom it was earned, on his discharge from imprisonment. 
He must also account to the court, when required, for the ma¬ 
terials or implements purchased, and for the disposition of the 
proceeds of the labor of the offender. 

Code Crim. Pro., § 913. 

§ 273. Support of vagrants.— The magistrate must imme¬ 
diately cause the certificate which constitutes the record of convic¬ 
tion, together with the testimony taken before him as to the resi¬ 
dence of such vagrant, to be filed in the office of the clerk of the 
county, and must, by a warrant signed by him with his name of 
office, commit the vagrant, if not a notorious offender, and a proper 
object for such relief, to the county poorhouse, if there be one, or 
to the almshouse or poorhouse of the city, village or town, for not 
exceeding six months, at hard labor, or, if the vagrant be an im¬ 
proper person to be so committed, he must be committed for a like 
term to the county jail. In those counties of the State where the 
distinction between county poor and town poor is maintained, 
the expense of conviction and maintenance during the commit¬ 
ment of any vagrant committed to any one of the place of confine¬ 
ment above specified, who shall at the time of such commitment 
have-obtained a legal settlement in one of the towns of the county 
in which said person shall be convicted, shall be a charge upon the 
town where they may reside at the time of such commitment. 

Code Crim. Pro., § 892, as am’d by chap. 664, Laws of 1898, in effect 
September 1, 1898. 


169 


§§ 274, 275 SUPPORT OF POOR PERSONS, ETC. Ch. vm. 

Tramps. 

§ 274. Tramp defined. — A tramp is any person, not blind, over 
sixteen years of age, and who has not resided in the county in 
which he may be at any time for a period of six months prior 
thereto, who 

1. Not having visible means to maintain himself, lives without 
employment; or 

2. Wanders abroad and begs, or goes about from door to door, 
or places himself in the streets, highways, passages or public 
places to beg or receive alms; or 

3. Wanders abroad and lodges in taverns, groceries, alehouses, 
watch or station houses, outhouses, market places, sheds, stables, 
barns or uninhabited buildings, or in the open air, and does not 
give a good account of himself. 

Code Crim. Pro., sec. 887a. added by chap. 664. Laws 1898; in effect 
September 1, 1898. 

§ 275. “ Tramps ” are a State charge, during their impris¬ 

onment, and the law requires them to be sentenced to the nearest 
penitentiary. 

Laws 1885, chap. 490, § 1. 


170 


CHAPTER XIXE. 


THE STATE CHARITIES LAW. 

An act relating to state charities, constituting chapter twenty-six 

of the General Laws. 


CHAPTER XXVI OE THE GEXERAL LAWS. 

STATE CHARITIES LAW. 


Article I. 

II. 

III. 

IV. 

V. 

VI. 

VII. 

VIII. 

Villa. 

IX. 

X. 

XI. 


State board of charities. (§§ 1-18.) 

State charities aid association. (§§ 30-32.). 

Regulations of finances of state charitable institutions; reports 
to and accounts against municipalities. (§§ 40-47.) 

Syracuse state institution for feeble-minded children. (§§ 
" 60-70.) 

State custodial asylum for feeble-minded women. (§§ 80-83.) 
Rome state custodial asylum. (§§ 90-94.) 

The Craig colony for epileptics. (§§ 100-114.) 

Institutions for juvenile delinquents. (§§ 120-130.) 

Penal Code provisions relating to the commitment of children 
to institutions. 

Houses of refuge and reformatories for women. (§§ 140-153.) 
Thomas asylum for orphan and destitute Indian children. 
(§§ 160-165.) 

Laws repealed; when to take effect. (§§ 170-171.) 


ARTICLE I. 

STATE BOARD OF CHARITIES. 


§1. Short title. 

§2. Definitions. 

§3. State board of charities. 

§4. Officers of the board. 

§5. Compensation and expenses of 
commissioners. 

§6. Meetings and effect of nonattend¬ 
ance. 

§7. Office room and supplies. 

§8. Official seal, certificates and sub¬ 
poenas. 

§9. General powers and duties of 
board. 

§10. Visitations, inspection and su¬ 
pervision of institutions. 


§11. Powers and duties of board on 
visits and inspections. 

§12. Investigations of institutions. 

§13. Orders of board directed to in¬ 
stitutions. 

§14. Correction of evils in adminis¬ 
tration of institutions. 

§15. Duties of the attorney-general 
and district attorney. 

§16. State, nonresident and alien 
poor. 

§17. Reports of state board of chari¬ 
ties. 

§18. Institutions for the deaf and 
dumb and the blind. 


§ l. Short title.— This chapter shall be known as the State 
charities law. 


171 


Art. i. 


THE STATE CHARITIES LAW. 


Ch. ix. 


State board of charities. 

§ 2. Definitions.— The term State charitable institutions, 
when used in this chapter, shall include all institutions of a char¬ 
itable, eleemosynary, correctional or reformatory character, sup¬ 
ported in whole or in part by the state, except institutions for 
the instruction of the deaf and dumb and the blind, and such in¬ 
stitutions which, by section eleven, article eight of the constitution, 
are made subject to the visitation and inspection of the commission 
in lunacy, or the prison commission, whether managed or con¬ 
trolled by the state or by private corporations, societies or asso¬ 
ciations. 

In the case of People ex rel. Institution for the Blind v. Fitch, 16 Misc. 
464, Beekman, J., in special term, held that the New York Institution for 
the Blind in New York city was not a charitable institution under the con¬ 
stitutional provision authorizing visitation and inspection by the state board 
of charities. In that case lie recognized institutions for the deaf and dumb 
and the blind, organized for the education of inmates, and those organized 
for the care and support of the deaf and dumb and the blind, without regard 
to their age or capacity for instruction, as belonging to two separate and 
distinct classes. The institutions organized for educational purposes are not 
charitable institutions. 

§ 3. state board of charities.— There shall continue to be a 
state board of charities, composed of twelve members, who shall 
be appointed by the governor, by and with the advice and consent 
of the senate, one of whom shall be appointed from, and reside in 
each judicial district of the state, one additional member from 
the county of Kings, and three additional members from the 
county of Kew York, who shall respectively reside in such coun¬ 
ties. They shall be known as commissioners of the state board of 
charities, and hold office for eight years. No commissioner shall 
qualify or enter upon the duties of his office, or remain therein, 
while he is a trustee, manager, director or other administrative 
officer of an institution subject to the visitation and inspection 
of such board. The commissioners in office at the time this 
chapter takes effect, shall continue in office for the terms for which 
they were respectively appointed. [Thus amended by L. 1897, 
ch. 437, taking effect immediately .] 

§ 4. Officers of the board.— The board may elect a president, 
and vice-president from its own members, and shall appoint and 
continue to have a. secretary, and may appoint such other officers, 
inspectors and clerks as it may deem necessary or proper and fix 
their compensation, who shall respectively hold their office during 
the pleasure of the board. 


172 


Ch. ix. 


THE STATE CHAEITIES LAW. 


Art. i. 


State board of charities. 

§ 5. Compensation and expenses of commissioners.— The com¬ 
pensation of each commissioner, in recognition of the provisions 
of the constitution, is fixed at ten dollars for each day’s attendance 
at meetings of the board or of any of its committees, not exceeding 
in any one year the sum of five hundred dollars. The expenses 
of each commissioner, necessarily incurred while engaged in the 
performance of the duties of his office, and his outlay for any 
assistance that may have been required in the performance of 
such duties, on the same being paid out and certified by the com¬ 
missioner making the charge, shall be paid by the treasurer, on the 
warrant of the comptroller. 

L. 1895, chap. 771, § 6. 

§ 6. Meetings and effect of nonattendance.— The board may 
adopt rules and orders, regulating the discharge of its functions 
and defining the duties of its officers. It shall, by rule, provide 
for holding stated and special meetings. Six members regularly 
convened shall constitute a quorum. The failure on the part of 
any commissioner to attend three consecutive meetings of the board 
during any calendar year, unless excused by a formal vote of the 
board, may be treated by the governor as a resignation by such 
nonattending commissioner and the governor may appoint his suc¬ 
cessor. The annual reports of the board shall give the names of 
commissioners present at each of its meetings. 

L. 1893, chap. 771, § 7. 

§ 7. Office room and supplies.— The trustees of public build¬ 
ings shall furnish and assign to such board, in the capitol, at 
Albany, suitably furnished rooms for its office and place of holding 
meetings, and the comptroller shall furnish it with all necessary 
journals, account books, blanks and stationery. 

L. 1895, chap. 771, § 3. 

§ 8. Official seal, certificates and subpoenas.— The board shall 

cause a record to be kept of its proceedings by its secretary or 
other proper officer, and it shall have and use an official seal; and 
the records, its proceedings and copies of all papers and docu¬ 
ments in its possession and custody may be authenticated in the 
usual form, under such seal and the signature of its president 
or secretary, and shall be received in evidence in the same manner 
and with like effect as deeds regularly acknowledged or proven; it 
may issue subpoenas, which, when authenticated by its president 

173 


Art. i. THE STATE CHARITIES LAW. Ch. ix. 

State board of charities. 

and secretary, shall be obeyed and enforced in the same manner 
as obedience is enforced to an order or mandate made by a court of 
record. 

L. 1895, chap. 771, § 4. 

§ 9. General powers and duties of board. — The State board of 
charities shall visit, inspect and maintain a general supervision of 
all institutions, societies or associations which are of a charitable, 
eleemosynary, correctional or reformatory character, whether state 
or municipal, incorporated or not incorporated, which are made 
subject to its supervision by the constitution or by law; and shall, 

1. Aid in securing the just, humane and economic administra¬ 
tion of all institutions subject to its supervision. 

2. Advise the officers of such institutions in the performance 
of their official duties. 

3. Aid in securing the erection of suitable buildings for the ac¬ 
commodation of the inmates of such institutions aforesaid. 

4. Approve or disapprove the organization and incorporation 
of all institutions of a charitable, eleemosynary, correctional or 
reformatory character which are or shall be subject to the super¬ 
vision and inspection of the board. 

5. Investigate the management of all institutions made subject 
to the supervision of the board, and the conduct and efficiency 
of the officers or persons charged with their management, and the 
care and relief of the inmates of such institutions therein or in 
transit. t 

6. Aid in securing the best sanitary condition of the buildings 
and grounds of all such institutions, and advise measures for the 
protection and preservation of the health of the inmates. 

7. Aid in securing the establishment and maintenance of such 
industrial, educational and moral training in institutions having 
the care of children as is best suited to the needs of the inmates. 

8. Establish rules for the reception and retention of inmates 
of all institutions which by section fourteen of article eight of the 
constitution, are subject to its supervision. 

9. Investigate the condition of the poor seeking public aid and 
advise measures for their relief. 

10. Administer the laws providing for the care, support and 
removal of state and alien poor and the support of Indian poor 
persons. 

11. Collect statistical information in respect to the property, 

174 


Ch. ix. 


THE STATE CHARITIES LAW. 


Art. i. 


State board of charities. 

receipts and expenditures of all institutions, societies and associa¬ 
tions subject to its supervision, and the number and condition of 
the inmates thereof, and of the poor receiving public relief. 

12. Approve or reject plans and specifications for new buildings 
for any state institution subject to its supervision, and also for 
unusual repairs or improvements to existing buildings of such 
institutions; and no such buildings shall be erected, or such repairs 
or improvements made, until the plans and specifications therefor 
have been approved by the state board. [Thus added by L. 1899, 
chap. 504, taking effect May 3, 1899.] § 12 repealed by Law 

1902, c. 252, § 2. 

L. 1895, chap. 771, § 2. 

§ 10. Visitation, inspection and supervision of institutions.— 

All institutions of a charitable, eleemosynary, reformatory or cor¬ 
rectional character or design, including reformatories (except those 
now under the supervision and subject to the inspection of the 
prison commission), but including all reformatories, except those 
in which adult males convicted of felony, shall be confined, asy¬ 
lums and institutions for idiots and epileptics, alms-houses, orphan 
asylums, and all asylums, hospitals and institutions, whether state, 
county, municipal, incorporated or not incorporated, private or 
otherwise, except institutions for the custody, care and treatment 
of the insane, are subject to the visitation, inspection and super¬ 
vision of the state board of charities, its members, officers and in¬ 
spectors. Such institutions may be visited and inspected by such 
board, or any member, officer or inspector duly appointed by it for 
that purpose, at any and all times. 

Such board or any member thereof may take proofs and hear 
testimony relating to any matter before it, or before such member, 
upon any such visit or inspection. 

Any member or officer of such board, or inspector duly ap¬ 
pointed by it, shall have full access to the grounds, buildings, 
books and papers relating to any such institution, and may require 
from the officers and persons in charge thereof, any information 
he may deem necessary in the discharge of his duties. The board 
may prepare regulations according to which, and provide blanks 
and forms upon which, such information shall be furnished, in a 
clear, uniform and prompt manner, for the use of the board. No 
such officer or inspector shall divulge or communicate to any per¬ 
son without the knowledge and consent of said board any facts 

175 


Art. i. 


THE STATE CHARITIES LAW. 


Ch. ix. 


State board of charities. 

or information obtained pursuant to the provisions of this act; 
on proof of such divulgement or communication such officer or 
inspector may at once be removed from office. The annual re¬ 
ports of each year shall give the results of such inquiries, with the 
opinion and conclusions of the board relating to the same. Any 
officer, superintendent or employe of any such institution, society 
or association who shall unlawfully refuse to admit any member, 
officer or inspector of the board, for the purpose of visitation and 
inspection, or who shall refuse or neglect to furnish the informa¬ 
tion required by the board or any of its members, officers or in¬ 
spectors, shall be guilty of a misdemeanor, and subject to a fine 
of one hundred dollars for each such refusal or neglect. The 
right and powers hereby conferred may be enforced by an order 
of the supreme court after notice and hearing, or by indictment 
by the grand jury of the county or both. 

L. 1895, chap. 771, §§ 8, 9, and 10, subd. 12. 

§ 11. Powers and duties of board on visits and inspections.— 

On such visits, inquiry shall be made to ascertain: 

1. Whether all parts of the state are equally benefited by the 
institutions requiring state aid. 

2. The merits of any and all requests on the part of any such 
institution for state aid, for any purpose, other than the usual 
expenses thereof; and the amount required to accomplish the 
object desired. 

3. The sources of public moneys received for the benefit of 
such institution, as to the proper and economical expenditure of 
such moneys, and the condition of the finances generally. 

4. hether the objects of the institution are being accomplished. 

5. Whether the laws and the rules and regulations of this board, 
in relation to it, are fully complied with. 

6. Its methods of industrial, educational and moral training, if 
any, and whether the same are best adapted to the needs of its 
inmates. 

7. The methods of government and discipline of its inmates. 

8. The qualifications and general conduct of its officers and 
employes. 

9. The condition of its grounds, buildings and other property. 

10. Any other matter connected with or pertaining to its use¬ 
fulness and good management. 

L. 1895, chap. 771, § 10, subds. 1-11. 

176 


Ch. ix. 


THE STATE CHARITIES LAW. 


Art. i. 


State board of charities. 

§ 12. Investigations of institutions.— The board may direct an 
investigation, by a committee of one or more of its members, of 
the affairs and management of any institution, society or associa¬ 
tion, subject to its supervision, or of the conduct of its officers and 
employes. The commissioner or commissioners designated to 
make such investigation are hereby empowered to issue compul¬ 
sory process for the attendance of witnesses and the production of 
papers, to administer oaths, and to examine persons under oath, 
and to exercise the same powers in respect to such proceeding as 

belong to referees appointed by the supreme court. 

L. 1895, chap. 771, § 12. 

§ 13. Orders of board directed to institutions. — If it shall ap¬ 
pear, after such investigation, that inmates of the institution are 
cruelly, negligently or improperly treated, or inadequate provision 
is made for their sustenance, clothing, care, supervision, or other 
condition necessary to their comfort and well being, said board 
may issue an order, in the name of the people, and under its offi¬ 
cial seal, directed to the proper officers or managers of such insti¬ 
tution, requiring them to modify such treatment or apply such 
remedy, or both, as shall therein be specified; before such order 
is issued, it must be approved by a justice of the supreme court, 
after such notice as he may prescribe and an opportunity to be 
heard, and any person to whom such an order is directed who shall 
willfully refuse to obey the same, shall, upon conviction, be ad¬ 
judged guilty of a misdemeanor. 

L. 1895, chap. 771, § 13. 

§ 14. Correction of evils in administration of institutions.— 

The state board of charities shall call the attention of the trustees, 
directors or managers of any such institution, society or associa¬ 
tion, subject to its supervision, to any abuses, defects or evils 
which may be found therein, and such officers shall take proper 
action thereon, with a view to correcting the same, in accordance 
with the advice of such board. 

L. 1895, chap. 771, § 14. 

§ 15. Duties of the attorney-general and district attorneys.— 

If, in-the opinion of the board or any three members thereof, any 
matter in regard to the management or affairs of any such institu¬ 
tion, society or association, or any inmate or person in any way 
connected therewith, require legal investigation or action of any 
12 177 


Art. i. 


THE STATE CHARITIES LAW. 


Ch. ix. 


State board of charities. 

kind, notice thereof may be given by the board, or any three 
members thereof, to the attorney-general, and he shall thereupon 
make inquiry and take such proceedings in the premises as he 
may deem necessary and proper. It shall be the duty of the at¬ 
torney-general and of every district attorney when so required to 
furnish such legal assistance, counsel or advice as the board may 
require in the discharge of its duties. 

L. 1895, chap. 771, § 17. 

§ 16. State, nonresident and alien poor. — A poor person shall 
not be admitted as an inmate into a state institution for the feeble¬ 
minded, or epileptics, unless a resident of the state for one year 
next preceding the application for his admission. 

The state board of charities, and any of its members or officers, 
may, at any time, visit and inspect any institution subject to its 
supervision to ascertain if any inmates supported therein at a state, 
county or municipal expense are state charges, nonresidents or 
alien poor; and it may cause to be removed to the state or country 
from which he came any such nonresident or alien poor found in 
any such institution. 

16a added by L. 1905, c. 452 L. 1880, chap. 549. 

§ 17. Reports of State board of charities. — The State board of 
charities shall annually report to the legislature its acts, proceed¬ 
ings and conclusions for the preceding year, with results and rec¬ 
ommendations, which report shall include the information obtained 
in its inquiries and investigations, and from the reports made to 
it as in this chapter provided, giving a complete and itemized 
statement of expenditures for state poor, and of such other matters 
relating to the institutions subject to its visitations, as it may deem 
necessary or proper, destitute children who may be distributed 
through the various institutions of the state, or who may be with¬ 
out instruction or guidance, and furnish in tabulated statements, 
as nearly as possible, the number, sex, age and nativity of persons 
in this state, and in the several counties thereof, who are in any 
way receiving the aid of public, private or organized charity, with 
any other particulars it may deem proper. And all officers of such 
institutions shall furnish such statistics on or before the first day 
of November, in each and every year for the preceding fiscal year, 
as may be required by said board; and every person refusing to 
do so, in violation of this section without reasonable excuse, shall 

178 


Ch. ix. 


THE STATE CHARITIES LAW. 


Art. i. 


State board of charities. 

be subject to a penalty of one hundred dollars, to be sued for in 
the name of the people by the attorney-general of the state, upon 
his receiving written notice from the state board of charities of 
such refusal. The annual reports of the board may, in its discre¬ 
tion, present the designs and plans and the general estimates for 
buildings and improvements, which it may deem necessary for any 
state charitable institution, with the opinion of the board respect¬ 
ing any appropriation required as asked in behalf of such institu¬ 
tion, other than for maintenance or ordinary purposes. The 
board may, in its discretion, and shall, when required by the gov¬ 
ernor, or either house of the legislature, make other and special 
reports. 

L. 1895, chap. 771, § 18. 

§ 18. Institutions for the deaf and dumb and the blind. — In¬ 
stitutions for the deaf and dumb and the blind shall be subject 
to such visitation and inspection by the state board of charities as 
the constitution provides, but nothing in this article shall be 
deemed to take from the comptroller of the state any power which 
he now has to audit and supervise the expenditures made on ac¬ 
count of the institutions for deaf-mutes and for the blind. 

§§ 19 to 27 added by Laws 1899, chap. 368. 


179 


ARTICLE II. 


STATE CHARITIES AID ASSOCIATION. 

§30. Visits by the state charities aid stitutions; enforcement of or- 

association. ^ ders. 

§31. Duties of officers in charge of in- §32. Annual reports. 

§ 30. Visits by the State charities aid. association.— Any jus¬ 
tice of the supreme court, on written application of the state chari¬ 
ties aid association, through its president or other officer designated 
by its board of managers, may grant to such person as may be 
named in such application, orders to enable such persons, or any 
of them, as visitors of such association to visit, inspect and ex¬ 
amine in behalf of such association any of the public charitable 
institutions and state hospitals for the insane owned by the state, 
and the county, town and city poor-houses and alms-houses within 
the state. The persons so appointed to visit, inspect and examine 
such institutions shall reside in the counties from which such 
institutions receive their inmates, and such appointments shall 
be made by a justice of the supreme court of the judicial district 
in which such visitors reside. Each order shall specify the insti¬ 
tution to be visited, inspected and examined and the name of each 
person by whom such visitation, inspection and examination shall 
be made, and shall be in force for one year from the date on which 
it shall have been granted, unless sooner revoked. 

L. 1893, chap. 635, § L 

§ 31. Duties of officers in charge of institutions; enforcement of 
orders.— All persons in charge of any such institution shall admit 
each person named in any such order into every part of such insti¬ 
tution, and render such person every possible facility to enable 
him to make in a thorough manner such visits, inspection and 
examination, which are hereby declared to be for a public purpose, 
and to be made with a view to public benefit. Obedience to the 
orders herein authorized shall be enforced in the same manner as 

obedience is enforced to an order or mandate by a court of record. 

L. 1893, chap. 635, § 2. 


180 


Ch. ix. 


THE STATE CHARITIES LAW. 


Art. ii. 


State charities aid association. 

§ 32. Annual reports. — Such association shall make an annual 
report to the state board of charities upon matters relating to the 
institutions subject to the visitation of such board; and to the state 
commission in lunacy upon matters relating to the institutions 
subject to the inspection and control of such commission. Such 
reports shall be made on or before the first day of November for 
each preceding fiscal year. 

L. 1893, chap. 635, § 3. 


181 


ARTICLE III. 


All anTd by chap. 252, L. 1902. 

REGULATION OF FINANCES OF STATE CHARITABLE INSTITUTIONS, 
AND REPORTS TO AND ACCOUNTS AGAINST MUNICIPALITIES. 


§40. Fiscal year. 

§41. Monthly estimates of expenses; 
contingent fund. 

§42. Monthly statements of receipts 
and expenditures. 

§43. Affidavit of steward; vouchers. 
§44. Purchases. 


§45. Reports to supervisors of ap¬ 
pointments and committals to 
charitable institutions. 

§46. Reports by officers of certain in¬ 
stitutions to clerks of boards of 
supervisors and cities. 

§47. Verified accounts against coun¬ 
ties, cities and towns. 


§ 40. Fiscal year.— The fiscal year of all State charitable in¬ 
stitutions shall commence with the first day of October in each 
year, and close with the thirtieth day of September, next succeed¬ 
ing; and the annual reports of such institutions required by this 
chapter, shall be made for the fiscal year as herein named. 

L. 1879, chap. 109. 

§ 41. Monthly estimates of expenses; contingent fund.— The 

superintendent or other managing officer of each of the state char¬ 
itable institutions, and of the Hew York State School for the 
Blind at Batavia, shall, on or before the fifteenth day of each 
month, cause to be prepared duplicate estimates, in minute detail, 
of the expenses required for the institution of which he has the 
supervision, for the ensuing month. He shall countersign and 
submit one of such duplicates to the comptroller, and retain the 
other to be placed on file in the office of the institution. The 
comptroller may cause such estimates to be revised either as to 
quantity and quality of supplies and the estimated cost thereof. 
Upon the revision and approval of such estimate, the comptroller 
shall authorize the boards of managers or other managing officers 
of such institutions to make drafts on him, as the money may be 
required for the purposes mentioned in such estimates, which 
drafts shall be paid on his warrant, out of the funds in the treas¬ 
ury of the state appropriated for the support of such charitable 
institutions. In every such estimate, there shall be a sum named 

182 


Ch. ix. 


THE STATE CHARITIES LAW. 


Art. hi. 


Regulation of finances of state charitable institutions. 

not to exceed two hundred and fifty dollars, as a contingent fund, 
for which no minute detailed statement need be made. No ex¬ 
penditure shall be made from such contingent fund, except in 
case of actual emergency, requiring immediate action, and which 
cannot be deferred without loss or danger to the institution, or 
inmates thereof. The treasurer of a state charitable institution 
shall not pay accounts for goods furnished, salaries of officers, or 
wages of employes, unless they are contained in the estimate pro¬ 
vided in this section, and duly approved by the comptroller. 

L. 1895, chap. 13, §§ 1 and 2. 

§ 42. Monthly statements of receipts and expenditures. — The 

treasurer of each state charitable institution shall on or before the 
fifteenth day of each month, make to the comptroller, a full and 
perfect statement of all the receipts and expenditures, specifying 
the several items, for the last preceding calendar month. Such 
statement shall be verified by the affidavit of the treasurer at¬ 
tached thereto, in the following form: 

I, ., treasurer of the ., 

do solemnly swear that I have deposited in the bank designated 
by law for such purpose all the moneys received by me on account 

of such.during the last month; and I do further 

swear that the foregoing is a true abstract of all the moneys re¬ 
ceived and expenditures made by me or under my direction as such 

treasurer during the month ending on the.day of 

., 18 .. 

L. 1895, chap. 807, p. 588. 

§ 43 . Affidavit of steward; vouchers. — There shall be attached 

to such treasurer’s statement, the affidavit of the steward or other 
officer having like powers, to the effect that the goods and other 
articles therein specified were purchased and received by him or 
under his directions at the institution, that the goods were pur¬ 
chased at a fair cash market price and paid for in cash, and that 
he or any person in his behalf had no pecuniary or other interest 
in the articles purchased; that he received no pecuniary or other 
benefit therefrom in the way of commission, percentage, deduc¬ 
tions or presents, or in any other manner whatever, directly or 
indirectly; that the articles contained in such bill were received 
at the institution; that they conformed in all respects to the in¬ 
voiced goods received and ordered by him, both in quality and 
quantity. 


183 







Ch. ix. 


Art. hi. THE STATE CHARITIES LAW. 

Regulation of finances of state charitable institutions. 

Such statement shall be accompanied by the voucher showing 
the payment of the several items contained in the statement, the 
amount of such payment and for what the payment was made. 

Such vouchers shall be examined by the comptroller and com¬ 
pared with the estimates made for the month for which the state¬ 
ment is rendered. 

If any voucher is found objectionable, the comptroller shall 
endorse his disapproval thereon, with the reason therefor, and 
return it to the treasurer, who shall present it to the board of 
managers for correction and immediately return it to the comp¬ 
troller. All such vouchers shall be filed in the office of the comp¬ 
troller. 

L. 1893, chap. 214, § 4. 

§ 44. Purchases. — All purchases for the use of the State 
charitable institutions shall be made for cash and not on credit or 
time; every voucher shall be duly filled up at the time it is taken, 
and with every abstract of vouchers paid, there shall be proof on 
oath that the voucher was filled up and the money paid at the time 
it was taken. The board of managers shall make all needful rules 
and regulations to enforce the provisions of this section. No 
member or officer of the state board of charities or manager or 
officer of a state charitable institution shall be interested, directly 
or indirectly, in the furnishing of materials, labor or supplies for 
the use of any state charitable institution nor shall any manager 
act as attorney or counsel for the board of managers thereof. 
[Am’d L. 1903, chap. 473.] 

L. 1895, chap. 932. 

§ 45. Reports to supervisors of appointments and committals 
to charitable institutions. — Every judge, justice, superintendent or 
overseer of the poor, supervisor or other person who is authorized 
by law to make appointments or commitments to any state char¬ 
itable institution, except alms-houses, in which the board, instruc¬ 
tion, care or clothing is a charge against any county, town or city, 
shall make a written report to the clerk of the board of supervisors 
of the county, or of the county in which any town is situated, 
or to the city clerk of any city, which are liable for any such board, 
instruction, care or clothing, within ten days after such appoint¬ 
ment or commitment, and shall therein state, when known, the 
nationality, age, sex and residence of each person so appointed or 

184 


Art. hi. 


Ch. ix. THE STATE CHARITIES LAW 

Regulation of finances of state charitable institutions. 

committed and the length of time of snch appointment or com¬ 
mitment. 

L. 1880, chap. 347, §§ 1, 2, 8, 9. 

§ 46. Reports by officers of certain institutions to clerks of su¬ 
pervisors and cities. — The keeper, superintendent, secretary, di¬ 
rector or other proper officer of a state charitable institution to 
which any person is committed or appointed, whose board, care, 
instruction, tuition or clothing shall be chargeable to any city, town 
or county, shall make a written report to the clerk of such city or 
to the clerk of the board of supervisors of the county, or of the 
county in which such town is situated, within ten days after re¬ 
ceiving such person therein. Such report shall state when such 
person was received into the institution, and, when known, the 
name, age, sex, nationality, residence, length of time of commit¬ 
ment or appointment, the name of the officer making the same, 
and the sum chargeable per week, month or year for such person. 
If any person so appointed or committed to any such institution 
shall die, be removed or discharged, such officers shall immedi¬ 
ately report to the clerk of the board of supervisors of the county, 
or of the county in which such town is situated, or to the city 
clerk of the city from which such person was committed or ap¬ 
pointed, the date of such death, removal or discharge. 

L. 1880, chap. 347, §§ 3, 4. 

§ 47. Verified accounts against cities and towns. — The officers 
mentioned in the last section shall annually, on or before the 
fifteenth day of October, present to the clerk of the board of 
supervisors of the county, or of the county in which such town 
is situated, or to the city clerk of a city from which any such 
person is committed and appointed, a verified report and state¬ 
ment of the account of such institution with such county, town or 
city, upon to the first day of October, and in case of a claim for 
clothing, an itemized statement of the same; and if a part of the 
board, care, tuition or clothing has been paid by any person or 
persons, the account shall show what sum has been so paid; and 
the report shall show the name, age, sex, nationality and residence 
of each person mentioned in the account, the name of the officer 
who made the appointment or commitment, and the date and 
length of the same, and the time to which the account has been 
paid, and the amount claimed to such first day of October, the 

185 


Art. hi. 


THE STATE CHARITIES LAW. 


Ch. ix. 


Regulation of finances of state charitable institutions. 

sum per week or per annum charged, and if no part of such ac¬ 
count has been paid, the report shall show such fact. 

Any officer who shall refuse or neglect to make such report shall 
not be entitled to receive any compensation or pay for any services, 
salary or otherwise, from any town, city or county affected thereby. 

The clerk of the board of supervisors who shall receive any such 
report or account shall file and present the same to the board of 
supervisors of his county on the second day of the annual meeting 
of the board next after the receipt of the same. 

L. 1880, chap. 347, §§ 5, 6, 7. §§ 48-49 a Law, 1904, c. 457, § 50 a Law, 

1906, c. 685. 


186 


ARTICLE IV. 


SYRACUSE STATE INSTITUTION FOR FEEBLE-MINDED CHILDREN. 


§60. Institution for idiots or feeble¬ 
minded children. 

§61. Powers and duties of boards of 
directors. 

§62. Salaries of officers. 

§63. Directors may hold donations in 
trust. 

§64. By-laws. 


§65. Duties of superintendent. 

§66. Duties of treasurer. 

§67. Semi-annual meeting and rec¬ 
ords of board of directors. 

§68. Manner *of receiving pupils. 

§69. Discharge of state pupils and 
payment of expenses. 

§70. Expense of clothing state pupils. 


§ 60 . Institution for idiots or feeble-minded children. — The 

management of the Syracuse State Institution for Feeble-AIinded 
Children at Syracuse shall continue to be in a board of managers, 
which shall hereafter consist of the superintendent of public- 
instruction and eight other persons, who shall continue to be ap¬ 
pointed by the senate upon the recommendation of the governor, 
as often as vacancies shall occur therein, and shall hold office for. 
eight years, and until their successors are severally appointed, sub¬ 
ject to removal by the governor for cause, after an opportunity 
given them to be heard in their defense. The managers now in 
office shall hold their offices until the expiration of the term for 
which they were respectively appointed. 

L. 1851, chap. 502, § 1. 


§ 61 . General powers and duties of boards of managers. — Five 
members of the board shall constitute a quorum for the transac¬ 
tion of business. The board shall have the general direction and 
control of all the property and concerns of the institution, and shall 
take charge of its general interests and see that its general design 
is carried into effect, according to law and the by-laws, rules and 
regulations of the institution. It shall appoint a superintendent, 
who shall be a well-educated physician, and a treasurer, who shall 
reside in the city of Syracuse, and shall give an undertaking to 
the people of the state for the faithful performance of his trust, 
in such sum and with such sureties as the comptroller shall ap¬ 
prove. Such board shall annually, on or before the first day of 
February, report to the legislature the condition of the institution. 

L. 1862, chap. 220, §§ 3, 4. 


187 


Art. iv. THE STATE CHARITIES LAW. Ch. ix. 

Syracuse state institution for feeble-minded children. 

§ 62. Salaries of officers.— The board shall, from time to time, 
determine the annual salaries and allowances of the resident offi¬ 
cers of the institution. 

Such salaries and allowances shall he paid monthly by the treas¬ 
urer of the institution in the same manner as other claims against 

the institution. 

L. 1862, chap. 220, §§ 5. 

§ 63. Managers may hold donations in trust.— The managers 
may take, and hold in trust for the state, any grant or devise of 
land, or any donation or bequest of money or other personal prop¬ 
erty, to be applied to the maintenance and education of feeble¬ 
minded children and the general use of the institution. 

L. 1862, chap. 220, § 7. 

§ 64. By-laws.— The managers may establish by-laws regu¬ 
lating the appointment and duties of officers, teachers, attendants 
and assistants; fixing the conditions of admission, support and 
discharge of pupils; and for conducting in a proper manner the 
business of the institution; and ordain and enforce a suitable sys¬ 
tem of rules and regulations for the internal government, disci¬ 
pline and management of the institution. 

L. 1862, chap. 220, § 8. 

§ 65. Duties of superintendent.— The superintendent shall be 
the chief executive officer of the institution. He shall, subject 
to the provision of the board of managers and the by-laws and 
regulations established by them, 

1. Have the general superintendence of the buildings, grounds 
and farm, with their furniture, fixtures and stock, and the direc¬ 
tion and control of all persons employed in and about the same; 

2. Appoint a steward, a medical assistant and matron, who, 
with the superintendent, shall constantly reside in the institution 
or upon premises adjoining, and shall be termed the resident 
officers thereof; 

3. Employ such teachers, attendants and assistants as he may 
think proper and necessary to economically and efficiently carry 
into effect the design of the institution; prescribe their several du¬ 
ties and places, fix their compensation, and discharge any of them; 

4. Give, from time to time, such orders and instructions as he 
may deem best calculated to induce good conduct, fidelity and 
economy, in any department of labor and expense; 

188 


Ch. ix. THE STATE CHARITIES LAW. Art. iv. 

Syracuse state institution for feeble-minded children. 

5. Maintain salutary discipline among all who are in the em¬ 
ploy of the institution, and enforce strict compliance with his 
instructions, and uniform obedience to all the rules and regula¬ 
tions of the institution; 

6. Cause full and fair accounts and records of all his doings, 
and of the entire business and operations of the institution, with 
the condition and prospects of the pupils to be kept regularly, 
from day to day, in books provided for the purpose; 

7. See that such accounts and records shall be fully made up 
to the first days of April and October in each year, and that the 
principal effects and results, with his report thereon, be presented 
to the board at its semi-annual meetings; 

8. Conduct the official correspondence of the institution and 
keep a record of the applications received, and the pupils ad¬ 
mitted ; 

9. Prepare and present to the board at its annual meetings, 
when required, an inventory of all the personal property and ef¬ 
fects belonging to the institution; 

10. Account, when required, for the careful keeping and eco¬ 
nomical use of all furniture, stores and other articles furnished 
for the institution; 

11. Enter in a book to be provided and kept for that purpose, 
at the time of the admission of each pupil to the institution, a 
minute, with the date, name, residence of the pupil, and of the 
persons on whose application he is received; with a copy of the 
application, statement, certificate, and all other papers accom¬ 
panying such pupil; the originals of which he shall file and 

carefully preserve. 

L. 1862, chap. 220. 

§ 66. Duties of treasurer. — The treasurer shall, 

1. Have the custody of all moneys, notes, mortgages and other 
securities and obligations belonging to the institution; 

2. Keep a full and accurate account of all receipts and pay¬ 
ments, as directed in the by-laws, and such other accounts as shall 
be required of him by the managers; 

3. Balance all the accounts on his book on the first day of each 
October, and make a statement thereof, and an abstract of all the 
receipts and payments of the past year; and, within three days 
thereafter, deliver the same to the auditing committee of the 
managers, who shall compare the same with the books and voucli- 

189 


Art. iv. 


THE STATE CHA1UT1ES LAW. 


Ch. ix. 


Syracuse state institution for feeble-minded children. 

ers, and verify the same by a further comparison with the books 
of the superintendent, and certify the correctness thereof to the 
managers at their annual meeting; 

4. Render a quarterly statement of his receipts and payments 
to such auditing committee, who shall, in like manner, as above, 
compare, verify, report and certify the result thereof to the man¬ 
agers at their annual meeting, who shall cause the same to be 
recorded in one of the books of the institution; 

5. Render a further account of the state of his books and of the 
funds and other property in his custody, whenever required by the 
managers; 

6. Receive for the use of the institution any and all sums of 
money which may be due upon any notes or bonds in his hands, 
belonging to the institution, any and all sums charged and due 
to the institution for the support of any pupil therein, or for 
actual disbursements made in his behalf for necessary clothing and 
traveling expenses; 

7. Prosecute an action in his name as such treasurer, to re¬ 
cover any sum of money that may be due or owing to the insti¬ 
tution ; 

8. Execute a release and satisfaction of a mortgage, judgment 
or other lien, in favor of the institution, when paid, so that the 
same may be discharged from record. 

L. 1862, chap. 220. 

§ 67. Semi-annual meetings and records of board of managers.— 

The board of managers shall maintain an effective inspection of 
the affairs and management of the institution, for which purpose 
they shall meet at the institution twice in each year, at such times 
as the by-laws shall provide. The resident officers shall admit the 
managers into every part of the institution, and shall exhibit to 
them on demand the books, papers, accounts and writings belong¬ 
ing to the institution, and shall furnish copies, abstracts and re¬ 
ports whenever required by the managers. 

A committee of three managers to be appointed by the board 
at the annual meeting thereof, shall visit the institution once in 
every month, and perform such other duties and exercise such other 
powers as shall be prescribed in the by-laws, or the board may 
direct. The board shall keep in a bound book, to be provided 
for the purpose, a fair and full record of all its doings, which 
shall be open at all times to the inspection of its members, and 

190 


Ch. ix. 


THE STATE CHARITIES LAW. 


Art. iv. 


Syracuse state institution for feeble-minded children. 

all persons whom the governor and either house of the legislature 
may appoint to examine the same. 

L. 1862, chap. 220. 

§ 08. Manner of receiving pupils. — There shall be received 
and gratuitously supported in the institution one hundred and 
twenty feeble-minded children, as state pupils, who shall be se¬ 
lected from those whose parents or guardians are unable to pro¬ 
vide for their support, in equal numbers as far as may be, from 
each judicial district. Such additional number of feeble-minded 
children as can be conveniently accommodated shall be received 
into the institution on such terms as shall be just. 

If the number of feeble-minded children admitted shall not 
equal the capacity of the institution, such additional number of 
nonteachable idiots may be admitted as can be conveniently ac¬ 
commodated. 

Feeble-minded children shall be received into the institution 
upon the written request of the person by whom they are sent, 
stating the name in full, age, place of nativity, if known, the 
town, city or county in which each resides, and whether such 
child, his parents or guardian, are able to provide for his support, 
in whole or in part, and if in part only what part, the degree of 
relationship or other circumstances of connection between him and 
the person requesting his admission, which statement must be veri¬ 
fied by the affidavit of two disinterested persons, residents of the 
same county as the child and acquainted with the facts and cir¬ 
cumstances stated, and certified to be credible by the county judge 
of the county. 

Such judge must also further certify that such child is an eligi¬ 
ble and proper candidate for admission to such institution. 

Feeble-minded children may also be received into such institu¬ 
tion upon the official application of a county superintendent of 
the poor, or the commissioners of charity of a city of the state 
having such officers. 

In the admission of feeble-minded children, preference shall be 
given to poor or indigent children over all others, and to such as 
are able or have parents able to support them only in part, over 
those who are or who have parents who are able to wholly support 

such children. 

L. 1862, chap. 220. 


191 


Aut. iv. THE STATE CHARITIES LAW. Ch. ix. 

Syracuse state institution for feeble-minded children. 

§ 69. Discharge of State pupils and payment of expenses.— 

When the manager shall direct a state pupil to be discharged from 
the institution, the superintendent thereof may return him to the 
county from which he was sent, and deliver him to the keeper of 
the alms-house thereof, and the superintendent of the poor of the 
county shall audit and pay the actual and reasonable expenses of 
such return. If any town, county or person is legally liable for 
the support of such pupil, such expenses may be recovered by 
action in the name of the county by such superintendent of the 
poor. If the superintendent of the poor neglect or refuse to pay 
such expenses on demand, the treasurer of the institution may pay 
the same and charge the amount to the county; and the treasurer 
of the county shall pay the same with interest after thirty days, 
out of any funds in his hands not otherwise appropriated; and 
the supervisors shall raise the amount so paid as other county 
charges. 

L. 1862, chap. 220. 

§ 70. Expense of clothing State pupils.— The supervisors of 
any county from which state pupils may have been received shall 
cause to be raised annually, while such pupils remain in the insti¬ 
tution, the sum of thirty dollars for each pupil, for the purpose of 
furnishing suitable clothing, which shall be paid to the treasurer 
of the institution on or before the first day of April. 

The superintendent may agree with the parent, guardian or 
committee of a feeble-minded child, or with any person, for the 
support, maintenance and clothing of such a child at the institu¬ 
tion, upon such terms and conditions as may be prescribed, in 
the by-laws, or approved by the managers. Every parent, guard¬ 
ian, committee, or other person applying for the admission into 
the institution of a feeble-minded child who is able, or whose 
parents or guardians are of sufficient ability to provide for his 
maintenance therein, shall at the time of his admission, deliver 
to the superintendent an undertaking, with one or more sureties, to 
be approved by the managers, condition for the payment to the 
treasurer of the institution of the amount agreed to be paid for 
the support, maintenance and clothing of such feeble-minded child, 
and for the removal of such child from the institution without 
expense thereto, within twenty days after the service of the notice 
hereinafter provided. If such child, his parents or guardians are 
of sufficient ability to pay only a part of the expense of supporting 

192 


Ch. ix. THE STATE CHARITIES LAW. Art. iv. 

Syracuse state institution for feeble-minded children. 

and maintaining him, such undertaking shall be only for his re¬ 
moval from the institution as above mentioned; and the superin¬ 
tendent may take security by note or other written agreement, 
with or without sureties, as he may deem proper, for such part of 
such expenses as such child, his parents or guardians are able to 
pay, subject, however, to the approval of the managers in the 
manner that shall be prescribed in the by-laws. Notice to remove 
a pupil shall be in writing, signed by the superintendent and di¬ 
rected to the parents, guardians, committee or other person upon 
whose request the pupil was received at the institution, at the place 
of residence mentioned in such request, and deposited in the post- 
office at Syracuse with the postage prepaid. 

If the pupil shall not be removed from the institution within 
twenty days after service of such notice, according to the condi¬ 
tions of the agreement and undertaking, he may be removed and 
disposed of by the superintendent as herein provided, in relation 
to state pupils, and the provisions of this article respecting the 
payment and recovery of the expenses of the removal and disposi¬ 
tion of a state pupil, shall be equally applicable to expenses in¬ 
curred under this section. 

L. 1862, chap. 220. 


13 


193 


ABTICLE V. 


STATE CUSTODIAL ASYLUM FOR FEEBLE-MINDED WOMEN. 

§80. Established as a corporation. §82. Officers. 

§81. Board of managers. §83. Treasurer to give undertaking. 

§ 80. Established as a corporation.— The asylum established 
at Newark, Wayne county, for feeble-minded women is hereby 
continued as a body corporate and shall be known as the State 

Custodial Asylum for Feeble-Minded Women. 

L. 1885, chap. 281, § 1 (R. S. [8th ed.] 2145), without change in substance. 

§ 81. Board of managers.—Such asylum shall continue to have 
a board of nine managers, three of whom shall be women, and 
shall be appointed by the governor, by and with the consent of the 
senate, for six years, except appointments to fill vacancies, which 
shall be for the unexpired term. The board of managers shall 
have the custody and control of all property and power to make 
all rules for the management and control of the effects of the 
asylum. 

L. 1885, chap. 281. 

§ 82. Officers.— The board of managers shall appoint, of their 
number, a president, a secretary and a treasurer. They shall ap¬ 
point a superintendent, a matron, and employ all assistants that 
may be necessary for the proper management of the asylum. 

L. 1885, chap. 281. 

§ 83. Treasurer to give undertaking.— The treasurer shall, be¬ 
fore he receives any money, give an undertaking to the people of 
the state, with such sureties and in such amount as the board 
of managers shall require and to be approved by the comptroller, 

to the effect that he faithfully perform his trust as such treasurer. 
L. 1885, chap. 281. 


194 


ARTICLE VI. 


ROME STATE CUSTODIAL ASYLUM. 

§90. Asylum for unteachable /idiots. §93. Superintendent, qualifications, 
§91. Appointment of managers. powers and duties. 

§92. Powers and duties of managers. §94. Commitments to asylum, main¬ 
tenance. 

§ 90. Asylum for unteachable idiots.— The asylum established 
at Rome for the support, maintenance and custody of unteachable 
idiots is hereby continued and shall be known as the Rome State 
Custodial Asylum. 

L. 1895, chap. 59, § 1. 

§ 91. Appointment of managers.— Such asylum shall be under 
the control and management of a board of eleven managers, ap¬ 
pointed by the governor, by and with the advice and consent of 
the senate, and whose term of office shall be six years. 

The managers now in office shall hold their offices until the 
expiration of the terms for which they were respectively ap¬ 
pointed, or until their successors are appointed and have qualified. 
They may be removed by the governor, upon charges preferred 
against them in writing, after an opportunity given them to be 
heard thereon. 

They shall appoint one of their number as president and an¬ 
other as secretary. 

L. 1895, chap. 59, § 2. 

§ 92. Powers and duties of managers.— The board of managers 
shall, 

1. Have the general direction and control of all the property 
and concerns of the asylum, take charge of its general interests 
and see that its design is carried into effect, according to law, and 
its by-laws, rules and regulations. 

2. Establish by-laws, rules and regulations, subject to the ap¬ 
proval of the state board of charities, for the internal government, 
discipline and management of the asylum. 

3. Maintain an effective inspection of the asylum for which 
purpose, a majority of the managers shall visit the asylum at 

195 


Art. vi. 


THE STATE CHARITIES LAW. 


Ch. ix. 


Rome state custodial asylum. 

least once in every three months, and at such other times as may 
be prescribed in the by-laws. 

The superintendent or other officer in charge shall admit such 
managers into every part of the asylum and its buildings and ex¬ 
hibit to them on demand all the books, accounts and writings be¬ 
longing to the asylum and pertaining to its interest, and furnish 
copies, abstracts and reports whenever required by them. 

4. Annually report to the legislature for the preceding fiscal 
year, the affairs and conditions of the asylum, with full and de¬ 
tailed estimates of the next appropriation required for mainte¬ 
nance and ordinary uses and repairs, and of special appropriations, 
if any, needed for extraordinary repairs, renewals, extensions, im¬ 
provements, betterments or other necessary objects. 

5. If lands are required for the use of the asylum, acquire the 
same by purchase, gift or condemnation. 

L. 1895, chap. 59. 

§ 93. Superintendent, qualifications, powers and duties.— The 

superintendent shall be a resident of this state, a well educated 
physician and a graduate of an incorporated medical college, of at 
least five years actual experience in an institution for the cure and 
treatment of the insane. He shall be the chief executive officer of 
the asylum, and shall manage the institution in conformity to rules 
and regulations adopted by the board of managers. He shall ap¬ 
point the assistant physicians, steward, clerk, a bookkeeper, matron 
and all subordinate employes and he may discharge them, when, 
in his judgment, it may be necessary to do so, for the good of the 
institution. 

L. 1895, chap. 59, § 3, in part. 


§ 94. Commitments to asylum; maintenance.— The superintend¬ 
ents of the poor of the various counties of the state, may commit 
to such asylum, if vacancies exist therein, such unteachable idiots 
residing in their respective counties, who are indigent or inmates 
of county alms-houses, according to the by-laws and regulations 
of the asylum. All commitments shall be in the form prescribed 
by the board of managers. Insane idiots or epileptics shall not 
be committed to such asylum. 

Unteachable idiots other than the poor and indigent may be 
admitted to the asylum, if vacancies exist, after providing for the 
care and custody of the poor and indigent idiots, at a rate which 
• ^ 196 


Ch. ix. 


FHE STATE CHARITIES LAW. 


Art. vi. 


Rome state custodial asylum. 

shall not exceed the weekly per capita cost of maintaining all 
inmates as determined yearly by the board of managers. 

The maintenance of the institution and the poor and indigent 
inmates thereof shall be a charge upon the state. 

L. 1895, chap. 59, all ant’d by L. 1904, c. 462. 


197 


ARTICLE VII. 


THE CRAIG COLONY FOR EPILEPTICS. 


§100. Establishment and objects of 
colony. 

§101. Managers of the colony. 

§102. Buildings and improvements. 
§103. Powers and duties of managers. 
§104. Annual report; state board of 
charities. 

§105. Donations in trust. 

§106. Officers of the colony. 

§107. Duties of the superintendent. 


§108. Duties of treasurer. 

§109. Designation and admission of 
patients. 

§110. Support of state patients. 

§111. Apportionment of state pa¬ 
tients. 

§112. The support of private pa¬ 
tients. 

§113. Discharge of patients. 

§114. Notice of opening of colony. 


§ 100. Establishment and objects of colony. — The colony for 
epileptics established at Sonyea, Livingston county, is hereby con¬ 
tinued, and shall be known as the Craig Colony for Epileptics, in 
honor of the late Oscar Craig, of Rochester, New York, whose 
efficient and gratuitous public services in behalf of epileptics and 
other dependent unfortunates, the state desires to commemorate. 

The objects of such colony shall be to secure the humane, cura¬ 
tive, scientific and economical care and treatment of epileptics, 

exclusive of insane epileptics. 

L. 1894, chap. 363. 

§ 101. Managers of the colony. — There shall be a board of 
twelve managers of the Craig colony, all of whom shall be citizens 
of the state, appointed by the governor, by and with the advice and 
consent of the senate, one from each judicial district and one addi¬ 
tional member from each of the fifth, sixth, seventh and eighth 
judicial districts. The term of office of each manager hereafter 
appointed to succeed a manager whose term has expired shall be 
three years, and the term of office of four of such managers shall 
expire annually. The managers in office when this chapter takes 
effect shall continue in office until the expiration of the term for 
which they were appointed and until their successors are ap¬ 
pointed and have qualified. Appointments to fill vacancies oc¬ 
curring by death, removal or resignation, shall be made without 
unnecessary delay for the unexpired term. Failure of any man¬ 
ager to attend in each year the whole of two stated meetings of 
the board, shall be a sufficient cause for removal bv the governor. 

198 


Ch. ix. THE STATE CHARITIES LAW. Art. vii. 

The Craig colony for epileptics. 

Any manager may be removed by the governor upon written 
charges preferred against him, after an opportunity to be heard in 
his defense. The managers shall receive no compensation for 
their services, but shall be allowed their reasonable traveling and 

official expenses, to be paid as other charges against the institution. 

L. 1894, chap. 363. 

§ 102. Buildings and improvements.— The board of managers 
shall put the premises conveyed to the state for the use of the 
colony into proper condition for the reception of patients, and shall 
receive patients gradually and as rapidly as the condition of the 
colony will admit. They shall utilize all buildings and improve¬ 
ments on the lands so conveyed, and construct such additional 
buildings and make further improvements upon plans adopted by 
them and approved by the state board of charities, and for which 
appropriations are made by the legislature. 

There shall be provided for such colony an abundant supply 
of wholesome water, sufficient means for drainage and the disposal 
of sewage, and a proper sanitary system. All of which shall be 
done under the direction of the board of managers in accordance 
with plans adopted by them, and approved by the state board 
of charities. 

L. 1894, chap. 363. 

§ 103. Powers and duties of managers.— Six members of the 
board of managers shall constitute a quorum for the transaction of 
business. The board shall: 

1. Elect from their number a president and secretary, and may 
adopt a seal for the use of the colony. 

2. Have the government, direction and control of the patients, 
officers and employes of the colony, and of all the property and 
concerns thereof. 

3. Purchase supplies for the use of the colony and such raw 
materials as may be necessary for the trades and industries pur¬ 
sued therein, and provide for the disposal of the manufactured 
products and the product of the land. 

4. Employ the assistants necessary for the government of the 
colbny, and to educate and properly use the labor of the patients. 

5. Establish such by-laws, rules and regulations as they may 
deem necessary regulating the appointment, powers and duties of 
officers, teachers, attendants and assistants, fixing the condition of 

199 


Art. vii. THE STATE CHARITIES LAW. Cn. ix. 

The Craig colony for epileptics. 

admission, treatment, education, support, custody, discipline and 
discharge of patients, conducting in a proper manner the business 
of the colony, and regulating the internal government, discipline 
and management of the colony. \Thus amended by L. 1898, 
chap. 359.] 

6. Maintain an effective inspection of the affairs and manage¬ 
ment of the colony, for which purpose they shall meet at the in¬ 
stitution at least four times each year and at such other times as 
the hv-laws shall prescribe. Their annual meeting shall be held 
on the second Tuesday of October. 

7. Appoint at its annual meeting, a committee of three man¬ 
agers, who shall visit the colony at least once in every month, and 
perform such other duties and exercise such other powers as are 
prescribed in the by-laws or directed by the hoard. 

8. Copy in a hound hook, a fair and full record of all its pro¬ 
ceedings, which shall he open at all times to the inspection of its 
members and officers of the state board of charities, and all persons 
whom the governor or either house of the legislature may appoint 
to examine the same. 

L. 1894, chap. 363. 

§ 104. Annual report; State board of charities.— The board of 
managers of the Craig colony shall annually, on or before thn first 
day of November, for the preceding fiscal year, report to the state 
board of charities the affairs and conditions of the colony, with 
full and detailed estimates of the next appropriation required for 
maintenance and ordinary uses and repairs, and of special appro¬ 
priations, if any, needed for extraordinary repairs, renewals, ex¬ 
tensions, improvement, betterments or other necessary objects, 
as also for the erection of additional buildings needed by reason of 
overcrowding, and in order to prevent the same, or to meet the 
need of sufficient accommodations for patients seeking admission 
to the colony; and the state board of charities shall, in its annual 
report to the legislature, certify what appropriations are, in its 
opinion, necessary and proper. The said colony shall be subject 
to the visitation and to the general powers of the state board of 
charities. 

L. 1894, chap. 363. 

§ 105. Donations in trust.— The managers may take and hold 
in trust for the state any grant or devise of land, or any gift or 

200 


Ch. ix. 


THE STATE 0HAH1T1ES LAW. 

The Craig colony for epileptics. 


Akt. VII. 


bequest of money or other personal property, or any donation, to be 
applied, principal or income, or both, to the maintenance and edu¬ 
cation of epileptics and the general uses of the colony. 

L. 1804, chap. 363. 


§ 106. Officers of the colony. — The board of managers shall 
appoint a superintendent of the colony, who shall be a well-edu¬ 
cated physician and a graduate of a legally chartered medical 
college, with an experience of at least five years in the actual 
practice of his profession, and who shall be certified as qualified 
by the civil service commission, after a competitive examination; 
and a treasurer, who shall reside in the county of Livingston, and 
shall give an undertaking to the people of the state for the faithful 
performance of his trust, in such sum and form and with such 
sureties as the comptroller shall approve. Such officers may be 
discharged or suspended at any time by such board, in its discre¬ 
tion. The superintendent shall constantly reside in the colony. 
The board shall determine the annual salaries and allowances of 
the superintendent, steward and matron, not exceeding, in addition 
to maintenance supplies, the following sums for salaries: Four 
thousand dollars to the superintendent; fifteen hundred dollars 
to the steward; one thousand dollars to the matron; and the board 
shall determine the annual salary of the treasurer of the colony, 
not exceeding fifteen hundred dollars. Such salaries and allow¬ 
ances shall be paid quarterly, on the first day of October, January, 
April and July, each year, by the treasurer of the colony, on pre¬ 
sentation of bills therefor, audited, allowed and certified, as pre¬ 
scribed in the by-laws. 

L. 1894, chap. 363, and by L. 1905, chap. 459. 

§ 107. Duties of the superintendent. — The superintendent shall 
be the chief executive officer of the colony, and subject to the 
supervision and control of the board of managers; he shall: 

1. Oversee and secure the individual treatment and personal 
care of each and every patient of the colony while resident therein 
and the proper oversight of all the inhabitants thereof. 

2. Have the general superintendence of the buildings, grounds 
and farm, with their furniture, fixtures and stock, and the direc¬ 
tion and control of all persons employed in and about the same. 

3. Give, from time to time, such orders and instructions as he 
may deem best calculated to induce good conduct, fidelity and 


Art. vii. THE STATE CHARITIES LAW. Ch. ix. 

The Craig colony for epileptics. 

economy in any department of labor or education or treatment of 
patients. 

•4. Appoint a steward and a matron and employ a bookkeeper 
and such teachers, assistants and attendants as he may think 
necessary to economically and efficiently carry into effect the design 
of the colony; prescribe their duties and places, and, subject to 
the approval of the board of managers, fix their compensation. 
The steward and matron shall reside in the colony. 

5. Maintain salutary discipline among all employes, patients 
and inhabitants of the colony, have the custody and control of 
every patient admitted, to the colony until properly discharged, 
and, subject to the regulations of the managers, restrain and disci¬ 
pline any patient in such manner as he may judge is for the wel¬ 
fare of the patient and the proper conduct of the colony, and 
enforce strict compliance with his instructions and uniform obedi¬ 
ence to all the rules and regulations of the colony. [Thus 
amended by L. 1898, chap. 359.] 

6. Cause full and fair accounts and records of the entire 
business and operations of the colony, with the condition and 
prospects of the patients, to be kept regularly, from day to day, 
in books provided for that purpose. 

7. See that such accounts and records shall be fully made up 
to the first days of January, April, July and October, in each 
year, and that the principal facts and results, with the report 
thereon, be presented to the board of managers at its quarterly 
meetings. 

8. Conduct the official correspondence of the colony, and keep 
a record or copy of all letters written by himself and by his clerks 
and agents, and files of all letters received by him or them. 

9. Prepare and present to the board, at its annual meeting, a 
true and perfect inventory of all the personal property and effects 
belonging to the colony, and account, when required by the board, 
for the careful keeping and economical use of all furniture, stores 
and other articles furnished for the colony. 

10. Keep a record of all applications for admission of patients, 
and enter in a book to be provided and kept for that purpose, at 
the time of admission of each patient to the colony, a minute, with 
the date, name, residence of the patient, and of the persons on 
whose application he is received, with a copy of the application, 
statement, certificate, and all other papers received relating to 
such epileptic patient, the originals of which he shall file and 

202 


Ch. ix. THE STATE CHARITIES LAW. Art.vii. 

The Craig colony for epileptics. 

carefully preserve, and certified copies whereof he shall forthwith 
transmit to the state board of charities. 

L. 1894, chap. 303, § 11 ad L. 1904, chap. 545 and am’d L. 1905, chap. 458. 

§ 108. Duties of treasurer. — The treasurer, among his other 
duties, shall: 

1. Have the custody of all moneys received on account of the 
monthly estimates made to the comptroller by the superintendent 
as provided by this chapter, and all other money, notes, mortgages 
and other securities and obligations belonging to the colony. 

2. Keep a full and accurate account of all receipts and pay¬ 
ments, in the form prescribed by the by-laws, and such other ac¬ 
counts as shall be required of him by the managers. 

3. Balance all the accounts on his books on the first day of each 
October, and make a statement thereof, and an abstract of all the 
receipts and payments of the past year; and within five days- 
thereafter deliver the same to the auditing committee of the man¬ 
agers, who shall compare the same with his books and vouchers, 
and verify the same by a comparison with the books of the super¬ 
intendent, and certify the correctness thereof to the managers at 
their annual meeting. 

4. Bender a quarterly statement of his receipts and payments 
to such auditing committee who shall, in like manner as above, 
compare, verify, report and certify the result thereof, to the man¬ 
agers at their annual meeting, who shall cause the same to be 
recorded in one of the books of the colony. 

5. Bender a further account of the state of his books, and of 
the funds and other property in his custody, whenever required 
by the managers. 

6. Beceive for the use of the colony money which may be paid 
upon obligation or securities in his hands belonging to the colony; 
and all sums paid to the colony for the support of any patient 
therein, or, for actual disbursements made in his behalf for neces¬ 
sary clothing and traveling expenses; and money paid to the colony 
from any other source. 

7. Prosecute an action in the name of the colony to recover 
money due or owing to the colony, from any source; including 
the 'bringing of suit for breach of contract between private pa¬ 
tients or their guardians and the managers of the colony. 

8. Execute a lease and satisfaction of a mortgage, judgment, 
lien or other debt when paid. 


203 


Art. vii. 


THE STATE CHAK1TIES LAW. 


Ch. ix. 


The Craig colony for epileptics. 

9. Pay the salaries of the superintendent, treasurer, matron, 
steward, and of all the employes of the colony, and the disburse¬ 
ments of the officers and members of the board as aforesaid. The 
treasurer shall have power to employ counsel, subject to the ap¬ 
proval of the board of managers. 

10. Deposit all moneys received for the care of private patients 
and all other revenues of the colony, in a bank designated by the 
comptroller, and transmit to the comptroller a statement showing 
the amount so received and deposited and from whom, and for 
what received, and the dates on which such deposits were made. 
Such statement of deposit shall be certified by the proper officer of 
the bank receiving such deposit or deposits. The treasurer shall 
verify by his affidavit that the sum so deposited is all the money 
received by him from any source of income for the colony up to 
the time of the last deposit aj)pearing on such statement. A bank 
designated by the comptroller to receive such deposits shall, before 
any such deposit be made, execute a bond to the people of the state 
in a sum, and with sureties to be approved by the comptroller, for 
the safe keeping of such deposits. 

L. 1894, chap. 393, am’d chap. 459, L. 1905. 

§ 109. Designation and admission of patients. — There shall be 
received and gratuitously supported in the colony, epileptics resid¬ 
ing in the state, who, if of age, are unable, or, if under age, whose 
parents or guardians are unable to provide for their support 
therein; and who shall be designated as state patients. Such 
additional number of epileptics as can be conveniently accommo¬ 
dated shall be received into the colony by the managers on such 
terms as shall be just, and shall be designated as private patients. 
Epileptic children shall be received into the colony only upon the 
written request of the persons desiring to send them, stating the 
name, age, place of nativity, if known, the town, city or county in 
which such children respectively reside, and the ability of their 
respective parents, or guardians or others to provide for their 
support in whole or in part, and if in part only, stating what part; 
and stating also the degree of relationship or other circumstances 
of connection between the patients and the persons requesting 
their admission; which statement in all cases of state patients 
must be verified by the affidavits of the petitioners and of two dis¬ 
interested persons, and accompanied by the opinion of a qualified 
physician, all residents of the same county with the epileptic 

204 


Ch. ix. 


THE STATE CHARITIES LAW. 


Art. vii. 


The Craig colony for epileptics. 

patient, and acquainted with the facts and circumstances stated, 
and who must be certified to be credible by the county judge or 
surrogate of the county; and such judge or surrogate must also 
certify, in each case, that such state patient, in his opinion, is an 
eligible and proper candidate for admission to the colony. State 
patients may also be received into the colony upon the official ap¬ 
plication of a county superintendent of the poor, or of the poor 
authorities of any city. 

It shall be the duty of the superintendent of the poor in every 
county and of the poor authorities of every city to furnish an¬ 
nually to the state board of charities, a list of all epileptics in 
their respective jurisdictions, so far as the same can be ascertained, 
with such particulars as to the condition of each epileptic as shall 
be prescribed by the said state board. WTienever an epileptic 
shall become a charge for his or her maintenance on any of the 
towns, cities or counties of this state, it shall be the duty of all 
poor authorities of such city, and of the county superintendents 
of the poor, and of the supervisors of such county, to place such 
epileptic in said colony. Any parent, guardian or friend of an 
epileptic child within this state may make application to the poor 
authorities of any city, or the superintendent of the poor of any 
county or the board of supervisors or any supervisor of any town, 
ward or city where such child resides, showing by satisfactory 
affidavit or other proof that the health, morals, comfort-or welfare 
of such child may be endangered or not properly cared for if not 
placed in such colony; and thereupon it shall be the duty of such 
officer or board to whom such application may be made to place 
such child in said colony. The board of supervisors shall pro¬ 
vide for the support of such patients, except those properly sup¬ 
ported by the state, and may recover for the same from the parent^ 
or guardians of such children. In the admission of patients pref¬ 
erence shall always be given to poor or indigent epileptics, or the 
epileptic children of poor or indigent persons, over all others; and 
preference shall always be given to such as are able to support 
themselves only in part, or who have parents able to support them¬ 
selves only in part, over those who are able or who have parents 
who are able wholly to furnish such support. 
u. 1894, chap. 363. 

§ 110. Support of State patients. — State patients shall be pro¬ 
vided with proper board, lodging, medical treatment, care and 

205 


Art. vii. 


THE STATE CHA1UTIES LAW. 


Oh. ix. 


The Craig colony for epileptics. 

tuition; and the managers of the colony shall receive for each 
state patient supported therein a sum not exceeding two hundred 
and fifty dollars per annum; which payments, if any, shall be 
made by the treasurer of the state, on the warrant of the comp¬ 
troller, to the treasurer of the said colony, on his presenting the 
bill of the actual time and number of patients in the colony, 
signed and verified by the superintendent and treasurer of the 
colony and by the president and secretary of its board of man¬ 
agers. The supervisors of any county from which such patients 
may have been received into the colony shall cause to be raised an¬ 
nually while such patients remain in the colony, the sum of thirty 
dollars for each of such state patients for the purpose- of furnish¬ 
ing suitable clothing, and the same shall be paid to the treasurer of 
the colony on or before the first day of April of each year. 

L. 1894, chap. 36.3. 


§ 111. Apportionment of State patients. — Whenever applica¬ 
tions are made at one time for admission of more state patients 
than can be properly accommodated in the colony, the managers 
shall so apportion the number received, that each county may be 
represented in a ratio of its dependent epileptic population to the 
dependent epileptic population of the state, as shown by statistics 
furnished by the state board of charities. 

L. 1894, chap. 363. 

§ 112. The support of private patients.— The superintendent 
of the colony may agree with any epileptic who may be of age, or 
his committee or guardian, or with the parents, guardian or com¬ 
mittee, of an epileptic child, or with any person for the entire or 
partial support, maintenance, clothing, tuition, training, care and 
treatment of such epileptic in the colony, on such terms and con¬ 
ditions as may be prescribed in the by-laws or approved by the 
managers. Every patient, guardian, committee or other person 
applying for the admission into the colony of an epileptic who is, 
or whose parents or guardians are of sufficient ability to provide 
for his support and maintenance therein, shall at the time of his 
admission, execute a bond to the treasurer of the colony with one 
or more sureties, to be approved by the superintendent and treas¬ 
urer, in such sum as the managers shall prescribe, to the effect that 
the obligers will pay to the treasurer of the colony all sums of 
money at such time or times as shall be so agreed upon, and re- 

206 


Oh. ix. THE STATE CHARITIES LAW. Akt. vil. 

The Craig colony for epileptics. 

move such epileptic from the colony free of expense tc the man¬ 
agers within twenty days after the service of the notice herein¬ 
after provided for. If such epileptic, his parents or guardian are 
of sufficient ability to pay only a part of the expenses of support¬ 
ing and maintaining him at the institution, such undertaking shall 
be only for such partial support and maintenance and for removal 
from the institution as above mentioned; and the treasurer may 
take security by such obligation or in his discretion by note or 
other written agreement, with or without sureties, as he may deem 
proper for such part of such expenses as the epileptic, his parents 
or guardians are able to pay; but such exercise of discretion shall 
be with the approval of the superintendent and a committee of 
the managers in a manner that shall be prescribed in the by-laws. 
Notice to remove a patient shall be in writing, signed by the 
superintendent and directed to the epileptic, his parents, guardian, 
committee or other person upon whose request the patient was re¬ 
ceived at the colony, at the place of residence mentioned in such 
request, and deposited in the post-office at Sonyea or any post- 
office in Livingston county, with the postage prepaid. 

L. 1894, chap. 363. 

§ 113. Discharge of patients. — The superintendent of the col¬ 
ony, with the approval of the managers or of a committee thereof, 
shall have power to discharge patients, but no epileptic patient 
shall be returned to any poor-house, directly through a superin¬ 
tendent of the poor, or otherwise. In case a patient, not an 
epileptic, shall be sent to the colony, through mistaken diagnosis 
of his disease, or other cause, and there received, such patient 
shall be returned to and the traveling expenses of such return shall 
be paid by the person who sent him or her to the colony. Should 
an epileptic become insane, such patient, if a state patient, shall be 
sent to the state hospital of the district of which he was a resident 
just prior to his admission to the colony in the manner prescribed 
by law. The bills for the reasonable expenses incurred in the 
transportation of state patients to and from the state hospitals 
after they have been approved in writing by the state commission 
in lunacy, shall be paid by the treasurer of the state on the warrant 
of the comptroller from the funds provided for the support of the 
state hospitals. In case the relatives, guardians or friends of 
such an insane patient desire that he become an inmate of any 
state hospital situated beyond the limits of the district of which 

207 


Art. vii. 


THE STATE CHARITIES LAW. 


Ch. ix. 


The Craig colony for epileptics. 

he was formerly a resident, and there be sufficient accommoda¬ 
tions in such state hospital, he shall be received there in the man¬ 
ner provided by law for the transfer of other insane persons. 
Private patients, who may become insane, shall be committed, 
as prescribed by law, subject to the regulations of the state 
commission in lunacy, to such institution for the insane as may be 
designated by the relatives, guardians or friends of such insane 
person, all traveling and other expenses of removal to be paid by 
them. After any patient has been delivered to the managers or 
officers of such hospital or institution, the care and custody of the 
managers of the colony over such insane person shall cease; and 
after any patient shall, as aforesaid, be so certified to be insane as 
prescribed by law, such patient shall come under the supervision 
of the state commission in lunacy. 

§ 114. Notice of opening of colony.— So soon as the colony 
shall be ready for the reception of patients, it shall be the duty of 
the board of managers officially to send notice of such fact to the 
county clerks and the clerks of the boards of supervisors of the 
respective counties of the state, and the secretary of the state 
board of charities; and to furnish such clerks of counties and 
boards of supervisors with suitable blanks for the commitment of 
epileptics to such colony. 

L. 1894, chap. 363, § 115 ad bv L. 1902, 356 and anrd by L. 1905, chap. 409. 


208 


ARTICLE VIII. 


INSTITUTIONS FOR JUVENILE DELINQUENTS. 


§120. State industrial school; man¬ 
agers. 

§121. Managers of House of Refuge 
for Juvenile Delinquents in 
New York city. 

§122. Powers and duties of managers. 
§123. Superintendent. 

§124. Commitment of children. 

§125. Register. 


§126. Discipline and control of in- 

§127. MilUary drill. 

§128. Transfer of inmates to peniten¬ 
tiary or Elmira Reformatory. 

§129. Confinement of juvenile delin¬ 
quents under sentences by the 
courts of the United States. 

§130. Effects of alcoholic drinks and 
narcotics to be taught. 


§ 120. State industrial school; managers. — The State Indus¬ 
trial School, at Rochester, is hereby continued for the reception of 
all male and female children, under the age of sixteen years, who 
shall be legally committed to such school as vagrants or on a con¬ 
viction for any criminal offense by any court having authority to 
make such commitment. 

Such school shall be under the control and management of a 
board of fifteen managers appointed by the governor, by and with 
the advice and consent of the senate. Their term of office shall 
be three years, and they shall be so appointed that the terms of 
one-third shall expire on the first Tuesday of February in each 
year. All vacancies shall be filled by the governor and the per¬ 
son appointed to fill a vacancy shall hold office for the remainder 
of the term of the person whom he succeeds. In the discretion 
of the governor, persons of either sex may be appointed as man¬ 
agers of such school. Such managers shall serve without com¬ 
pensation. [Thus amended by L. 1898, chap. 536.] 

L. 1846, chap. 143, § 10, part of § 11, am’d L. 1904, chap. 167. 


§ 121. Managers of house of refuge for juvenile delinquents in 
New York City. — The society for the reformation of juvenile de¬ 
linquents in the city of New York shall continue to be a corpora¬ 
tion by the name of “ the managers of the Society for the Reforma¬ 
tion of Juvenile Delinquents in the city of New York,” with all 
the powers conferred upon it by its acts of incorporation and 
the acts amendatory thereof. There shall continue to be thirty 
1 4 209 


Art. vm. THE STATE CHARITIES LAW. Ch. ix. 

Institutions for juvenile delinquents. 

managers of such society, each of whom shall hold office for the 
term of three years; and the managers in office when this chap¬ 
ter takes effect shall continue in office for the terms for which 
they were chosen respectively. The members of such society re¬ 
siding in the city of New York shall annually on the third Mon¬ 
day in November, by a plurality of votes, elect ten managers of 
such society. If a vacancy shall occur in the office of any man¬ 
ager, the board of managers may appoint a person to fill the va¬ 
cancy for the remainder of the unexpired term. 

L. 1824, chap. 126, am’d L. 1905, chap. 613. 

§ 122. Powers and duties of managers.— The managers of such 
house of refuge, established by the society for the reformation of 
juvenile delinquents, in the city of New York, and of such state 
industrial school shall have the general control of such institu¬ 
tions and shall make all such rules, regulations, ordinances and 
by-laws for the government, discipline, employment, manage¬ 
ment and disposition of the officers thereof, and of the children 
while in such institution or in the care of such managers, as to 
them may appear just and proper. They shall appoint a super¬ 
intendent and such other officers as they may deem necessary 
for the conduct and welfare of the institution under their charge. 
They shall report in detail annually to the legislature on or 
before the fifteenth day of January, the number of children re¬ 
ceived by them into the institution, the disposition thereof, their 
receipts and expenditures, their proceedings during the preceding- 
year, and all other matters which they deem advisable to be 
brought to the attention of the legislature. 

L. 1846, chap. 143, part of § 11, § 12 and part of § 13. 

§ 123. Superintendent.— The superintendent so appointed 
shall be the chief executive officer of such school, or house of 
refuge, and subject to the by-laws, rules and regulations thereof 
and the powers of the board of managers, shall have control of 
the internal affairs and shall maintain discipline therein and 
enforce a compliance with, and obedience to, all rules, by-laws, 
regulations and ordinances adopted by such board for the gov¬ 
ernment, discipline and management of such school or house of 
refuge. 

Under direction of such managers, he shall receive and take 


210 


('ll. IX. 


THE STATE CHARITIES LAW. 

Institutions for juvenile delinquents. 


Art. viii. 


into such institution all children legally committed thereto by 
any court having authority to make such commitment. 

L. 184(3, chap. 143. 

§ 124. Commitment of children.— Children under the age of 
sixteen years may be committed from the rural counties of this 
state as vagrants, or on the conviction of any criminal offense by 
any court having authority to make such commitments, to the 
state industrial school or the house of refuge established by the 
society for the reformation of juvenile delinquents; but such 
children in the counties of New York and Kings shall be com¬ 
mitted to the house of refuge in New York city, established by 
such society. But no child under the age of twelve years shall 
be committed or sentenced to either of such institutions for any 
crime or offense less than felony. The courts of criminal juris¬ 
diction in the several counties shall ascertain by such proof as 
may be in their power, the age of every delinquent committed to 
either of such institutions, and insert such age in the order of com¬ 
mitment and the age thus ascertained shall be deemed and taken 
to be the true age of such delinquent. If the court shall omit 
to insert in the order of commitment, the age of any delinquent 
committed to such school or house of refuge the managers shall 
as soon as may be after such delinquent shall be received by them, 
ascertain his age by the best means in their power, and cause the 
same to be entered in a book to be designated by them for that 
purpose, and the age of such delinquent thus ascertained shall 
be deemed and taken to be the true age of such delinquent. 

L. 1846, chap. 143), part of § 13, am’d L. 1904, chap. 167, § 124-6. 


§ 125. Register. — Upon the commitment of a delinquent to 
such industrial school or house of refuge, the superintendent 
thereof shall cause to be entered in the register kept for that 
purpose, the date of admission, name, sex, age, place of birth, 
nationality, residence and such other facts as may be ascertained, 
relating to the origin, condition, peculiarity or inherited ten¬ 
dencies of such delinquent. 

§’126. Discipline and control of inmates. — The managers of 
the state industrial school shall receive and detain during min¬ 
ority, every delinquent committed thereto in pursuance of law, 
or to the western house of refuge for juvenile delinquents, or to 

211 


Art. viii. THE STATE CHARITIES LAW. Ch. ix. 

Institutions for juvenile delinquents. 

the house of refuge for juvenile delinquents in western New 
York. The managers of the house of refuge for juvenile delin¬ 
quents in the city of New York, may receive and detain during 
minority all delinquents committed thereto. The managers of 
each institution shall cause the children detained therein or under 
their care to be instructed in such branches of useful knowl¬ 
edge, and to be regularly and systematically employed in such 
lines of industry as shall be suitable to their years and capacities, 
and shall cause such children to be subjected to such discipline, 
as in the opinion of such hoard, is most likely to effect their ref¬ 
ormation. The managers of each institution, with the consent 
of any child committed thereto, may bind out as an apprentice or 
servant, such child during the time they would be entitled to re¬ 
tain him or her, to such persons and at such places to learn such 
trade and employment as in their judgment will he for the fu¬ 
ture benefit and advantage of such child. 

§ 127. Military drill. — The superintendent of the State in¬ 
dustrial school, and the superintendent of the house of refuge, 
established by the society for the reformation of juvenile delin¬ 
quents, with the approval of the respective boards of managers 
thereof, may institute and establish a system of rules and regula¬ 
tions for uniforming, equipping, officering, disciplining and drill¬ 
ing in military art, the male inmates of such institutions, and for 
the exercise and drill of such inmates according to the most 
approved tactics, such number of hours daily as such superin¬ 
tendent may deem advisable. 

L. 1886, chap. 530, § 4, am’d L. 1904, chap. 167. 

§ 128. Transfer of inmates to penitentiary or Elmira reforma¬ 
tory. — If a delinquent confined in the State industrial school or 
the house of refuge established by the society for the reformation 
of juvenile delinquents is guilty of attempting to set fire to any 
building belonging to either of such institutions, or to any com¬ 
bustible matter for the purpose of setting fire to any such build¬ 
ing, or of openly resisting the lawful authority of an officer 
thereof, or of attempting to excite others to do so, or shall by 
gross or habitual misconduct exert a dangerous or pernicious 
influence over the other delinquents, the board of managers of 
the institution wherein such case arises shall submit a written 
statement of the facts to a justice of the supreme court, or, if the 

212 


Ch. ix. THE STATE CHARITIES LAW. Art. viii. 

Institutions for juvenile delinquents. 

case arises within the state industrial school, to the county judge 
of the county of Monroe, and apply to him for an order authoriz¬ 
ing a temporary confinement of such delinquent, in the Monroe 
county penitentiary, or if over sixteen years of age, in the El¬ 
mira reformatory; and if the case arises within the house of ref¬ 
uge, established by the society for the reformation of juvenile 
delinquents in the city of New York, in the county jail or peni¬ 
tentiary of the county of New York, or if the delinquent be over 
sixteen years of age, to the Eastern New York reformatory, when 
completed, and until then to the Elmira reformatory. Such 
judge shall forthwith inquire into the facts, and if it appear that 
the statement is substantially true, and that the ends desired to 
be accomplished by the institution wherein the case has arisen 
will be best promoted thereby, he shall make an order authoriz¬ 
ing the confinement of such delinquent in such penitentiary, 
county jail or reformatory for the limited time expressed in the 
order, and the keeper or superintendent of such penitentiary, 
county jail or reformatory shall receive such delinquent and de¬ 
tain him during the time expressed in such order. At the ex¬ 
piration of the time limited by such order, or sooner, if the board 
of managers of either of such institutions shall direct, the super¬ 
intendent or keeper of such reformatory, county jail or peni¬ 
tentiary shall return such delinquent to the custody of the su¬ 
perintendent of the institution from which such delinquent shall 
have been received. 

L. 1861, chap. 506, as amended by L. 1891, chap. 375. 

§ 129. Confinement of juvenile delinquents under sentences by 
the courts of the United States. — The superintendents of the house 
of refuge, established by the society for the reformation of ju¬ 
venile delinquents in the city of New York, and the state indus¬ 
trial school at Rochester, shall receive and safely keep in their 
respective institutions, subject to the regulations and discipline 
thereof, and the provisions of this article, any criminal under the 
age of sixteen years convicted of any offense against the United 
States, under sentences of imprisonment by any court of the 
United States, sitting within this state, until such sentences be 
executed, or until such delinquent shall be discharged by due 
course of law, conditioned upon the United States supporting such 
delinquent and paying the expenses attendant upon the execution 
of such sentence. 

L. 1853, chap. 608, am’d L. 1904, chap. 167 

213 


Art. viii. THE STATE CHARITIES LAW. Ch. ix. 

Institutions for juvenile delinquents. 

§ 130. Effects of alcholic drinks and narcotics to be taught,— 

The nature of alcoholic drinks and other narcotics and their 
effects on the human system shall be taught in the schools con¬ 
nected with such house of refuge established by the society for 
the reformation of juvenile delinquents in the city of New York 
and in the State Industrial School at Rochester, for not less than 
four lessons a week for ten or more weeks in each year. All 
pupils who can read shall study this subject from suitable text¬ 
books, but pupils unable to read shall be instructed in it orally 
by teachers using text-books adapted for such oral instruction 
as a guide and standard, and these text-books shall be graded to 
the capacities of the pupils pursuing such course of study. 

Chap. 1041 of L. 1895. 

REMOVAL OF STATE INDUSTRIAL SCHOOL. 

L. 1899, chap. 167 —* An act to provide for the removal of the 
State Industrial School and making an appropriation there¬ 
fore. (Became a law March 30, 1899.) 

Section 1. The president and committee on reformatories of 
the state board of charities and the president and executive com¬ 
mittee of the board of managers of the State Industrial School, 
are hereby constituted a commission, whose duty it shall be to se¬ 
lect a suitable tract of land in the county of Monroe, to which 
the State Industrial School may be removed. 


214 


ARTICLE Villa. 


PENAL CODE PROVISIONS RELATING TO THE COMMITMENT OF 
CHILDREN TO INSTITUTIONS. 

§ 291. Children not to beg, etc.— Commitment. — Any child 
actually or apparently under the age of sixteen years who is 
found: 

1. Begging or receiving or soliciting alms, in any manner or 
under any pretense; or gathering or picking rags, or collecting 
cigar stumps, bones or refuse from markets; or 

2. Not having any home or other place of abode or proper 
guardianship; or who has been abandoned or improperly exposed 
or neglected, by its parents or other person or persons having it 
in charge, or being in a state of want or suffering; or 

3. Destitute of means of support, being an orphan, or living 
or having lived with or in custody of a parent or guardian who has 
been sentenced to imprisonment for crime, or who has been con¬ 
victed of a crime against the person of such child, or has been 
adjudged an habitual criminal; or 

4. Frequenting or being in the company of reputed thieves or 
prostitutes, or in a reputed house of prostitution or assignation, 
or living in such a house either with or without its parents or 
guardian, or being in concert saloons, dance houses, theaters, 
museums, or other places of entertainment, or places where wdnes, 
malt or spirituous liquors are sold, without being in charge of 
its parent or guardian; or playing any game of chance or skill 
in any place wherein or adjacent to which any beer, ale, wine or 
liquor is sold or given away, or being in any such place; or 

5. Coming within any of the descriptions of children men¬ 
tioned in section two hundred and ninety-two, must be arrested 
and brought before a proper court or magistrate, who may com¬ 
mit the child to any incorporated charitable, reformatory, or other 
institution, and when practicable, to such as is governed by per¬ 
sons of the same religious faith as the parents of the child, or 
may make any disposition of the child such as now is or here¬ 
after may be authorized in the cases of vagrants, truants, paupers 
or disorderly persons, but such commitments shall, so far as is 

215 


Akt. vma THE STATE CHARITIES LAW. Ch. ix. 

Provisions relating to commitment of children. 

practicable, be made to such charitable or reformatory institutions. 
Whenever any child shall be committed to any institution under 
this Code, and the warrant of commitment shall so state, and it 
shall appear therefrom that either parent or any guardian or 
custodian of such child was present at the examination be¬ 
fore such court or magistrate, or had such notice thereof as was 
by such court or magistrate deemed and adjudged sufficient, no 
further or other notice required by any local or special statute, 
in regard to the committal of children to such institution, shall 
be necessary, and such commitment shall in all respects be suffi¬ 
cient to authorize such institutions to receive and retain such child 
in its custody as therein directed. 

Whenever any commitment of a child shall for any reason be 
adjudged or found defective a new commitment of the child 
may be made or directed by the court or magistrate as the wel¬ 
fare of the child may require. And no commitment of a child 
which shall recite therein the facts upon which it is based shall 
be deemed invalid by reason of the omission of the court or mag¬ 
istrate by whom such commitment is made to file any documents, 
papers or proceedings relating thereto or by reason of any limi¬ 
tation as to the age of the child committed, contained in the act 
or articles of incorporation of the institution to which it may have 
been committed. 

6. Any magistrate having criminal jurisdiction may commit 
temporarily to an institution authorized by law to receive children 
on final commitment, and to have compensation therefor from 
the city or county authorities, any child under the age of sixteen 
years who is held for trial on a criminal charge; and may, in 
like manner, so commit any such child held as a witness to appear 
on the trial of any criminal case; which institution shall there¬ 
upon receive the same, and be entitled to the like compensation 
proportionally therefor as on final commitment, but subject to the 
order of the court as to the time of detention and discharge of 
the child. Any such child convicted of any misdemeanor shall 
be finally committed to some such institution, and not to any 
prison, or jail, or penitentiary, longer than is necessary for its 
transfer thereto. No child under constraint or conviction, ac¬ 
tually or apparently under the age of sixteen years, shall be placed 
in any prison or place of confinement, or in any court-room, or 
in any vehicle for transportation in company with adults charged 
with or convicted of crime. \Amended; in effect Sept. 1, 1892.] 

216 


Ch. xx. THE STATE CHARITIES LAW. Art. villa 

Provisions relating to commitment of children. 

7. All cases involving the commitment or trial of children for 
any violation of the Penal Code, in any police court or court 
of special sessions, may he heard and determined by such court, 
at suitable times to he designated therefor by it, separate and 
apart from the trial of other criminal cases, of which session a 
separate docket and record shall be kept. And all such cases and 
cases of offenses by, or against the person of, a child under the 
age of sixteen years shall have preference over all other cases be¬ 
fore all magistrates and in all courts and tribunals in this state 
both civil and criminal; and where a child is committed or de¬ 
tained as a witness in any case, such case shall be brought to trial 
or otherwise disposed of without delay, whether the defendant be 
in custody or at large on bail. [Thus amended by L. 1896, chap. 
414; in effect April 27, 1896.] 

§ 701. Commitment to house of refuge. — Where a person un¬ 
der the age of twelve years is convicted of a crime amounting to 
felony, or where a person of the age of twelve years and under 
the age of sixteen years is convicted of crime, or where a male 
person of the age of sixteen years and under the age of eighteen 
years is convicted of crime not amounting to felony, the trial 
court may, instead of sentencing him to imprisonment in a state 
prison or in a penitentiary, direct him to be confined in a house 
of refuge under the provisions of the statute relating thereto. 
Where the conviction is had and the sentence in inflicted in the 
first, second or third judicial district, the place of confinement 
must be a house of refuge established by the managers of the 
Society for the Reformation of Juvenile Delinquents in the city 
of New York; where the conviction is had and the sentence in¬ 
flicted in any other district, the place of confinement must be 
in the Western House of Refuge for Juvenile Delinquents. But 
nothing in this section shall effect any of the provisions contained 
in section seven hundren and thirteen. [Thus amended by chap. 
554 of L. 1896; in effect May 12, 1896.] 

§ 713. Sentence of minor. — When a person under the age of 
sixteen is convicted of a crime, he may in the discretion of the 
court, instead of being sentenced to fine or imprisonment, be 
placed in charge of any suitable person or institution willing 
to receive him, and be thereafter, until majority or for a shorter 
term, subjected to such discipline and control of the person or 

217 


Art. vma THE STATE CHARITIES LAW. * Ch. ix. 

Provisions relating to commitment of children. 

institution receiving him as a parent or guardian may lawfully 
exercise over a minor. A child under sixteen years of age com¬ 
mitted for misdemeanor, under any provision of this Code, must 
be committed to some reformatory, charitable or other institution 
authorized by law to receive and take charge of minors. And 
when any such child is committed to an institution, it shall, when 
practicable, be committed to an institution governed by persons 
of the same religious faith as the parents of such child. 


218 


ARTICLE IX. 


HOUSES OF REFUGE AND REFORMATORIES FOR WOMEN. 


§140. Names and location of houses 
of refuge and reformatories for 
women. 

§141. Appointment of managers. 

§142. General powers and duties of 
managers. 

§143. Appointment and removal of 
officers and employes; compen¬ 
sation. 

§144. General powers of superintend¬ 
ents. 

§145. Oaths and bonds. 

§146. Commitments; papers furnished 
by committing magistrates. 


§147. Return of females improperly 
committed. 

§148. Disposition of children of 
women so committed. 

§149. Conveyance of women com¬ 
mitted. 

§150. Detentions and rearrests in 
case of escapes. 

§151. Employment of inmates. 

§152. Clothing and money to be fur¬ 
nished discharged inmates. 

§153. Board of managers of Bedford 
reformatory to notify county 
clerks of completion thereof. 


§ 140. Name and locations of houses of refuge and reformato¬ 
ries for women.— The houses of correction for women located at 
Hudson and Albion are contained and shall be known respectively 
as the House of Refuge for Women at Hudson, and the Western 
House of Refuge for Women. The reformatory for women located 
at Bedford is also continued and shall be known as the Hew York 
State Reformatory for Women. 

L. 1881, chap. 187, § 1, am’d L. 1904, chap. 4*53. 


§ 141. Appointment of managers. — Each such institution shall 
be under the control of its present board of managers, until others 
are appointed. Such boards shall consist of six managers to be 
appointed by the governor, by and with the advice and consent 
of the senate. All such managers shall be residents of the 
state, two shall be women and one a physician who has practiced 
his profession for ten years. The terms of the managers here¬ 
after appointed shall be six years, except that the managers ap¬ 
pointed to fill vacancies shall hold office for the unexpired terms 
of the managers whom they succeed. The term of office of one of 
such managers shall expire each year. If in any such institution 
there be less than six managers in office when this act takes 
effect, the governor shall appoint additional managers to make 
up the number of six, who shall be so classified by him that the 
term of one manager shall expire each year. Where the term 

219 


Art. ix. 


THE STATE CHARITIES LAW. 


Ch. ix. 


Houses of refuge and reformatories for women. 

of office of a manager of any such institution expires at a time 
other than the last day of December in any year, the term of office 
of his successor is abridged so as to expire on the last day of 
December, preceding the time when such term would otherwise ex¬ 
pire, and the term of office of each manager thereafter appointed 
shall begin on the first day of January. 

The governor may remove any manager, at any time, for cause, 
on giving to such manager a copy of the charges against him and 
an opportunity to be heard in his defense. 

Such managers shall receive no compensation for their time 
or services; but the actual expenses necessarily incurred by them 
in the performance of their official duties shall be paid in the 
same manner as other expenses of such institution. Nothing 
contained in this section shall abridge the term of any manager 
now in office. 

» 

§ 142. General powers and duties of managers. — Each board 
of managers shall have the general superintendence, management 
and control of the institution over which it is appointed; of the 
grounds and buildings, officers and employees thereof; of the in¬ 
mates therein, and of all matters relating to the government, dis¬ 
cipline, contracts and fiscal concerns thereof, and may make such 
rules and regulations as may seem to them necessary for carrying 
out the purposes of such institutions. 

Am’d L. 1904, chap. 165. 

§ 143. Appointment and removal of officers and employes; 
compensation. — The board of managers of each of such institu¬ 
tions shall appoint from among its members a president, secre¬ 
tary and treasurer, who shall hold office for sucn length of time 
as such board may determine. 

They shall appoint a female superintendent, who shall hold 
office during the pleasure of the board. 

Such boards of managers shall fix the compensation of the offi¬ 
cers and employes of the institution under their charge. 

L. 1892, chap. 704. 

§ 144. General powers of superintendents. — The superintend¬ 
ent of each such institution shall, subject to the direction and con¬ 
trol of the board of managers thereof: 

1. Have the general supervision and control of the grounds 

220 


Ch. ix. 


THE STATE CHARITIES LAW. 


Art. ix. 


Houses of refuge and reformatories for women. 

and buildings of the institution, the subordinate officers and em¬ 
ployees and the inmates thereof, and of all matters relating to 
their government and discipline. 

2. Make such rules, regulations and orders, not inconsistent 
with law or with the rules, regulations or directions of the board 
of managers, as may seem to her proper or necessary for the gov¬ 
ernment of such institution and its officers and employees; and 
for the employment, discipline and education of the inmates 
thereof. 

3. Exercise such other powers and perform such other duties 
as the board may prescribe. 

Such superintendent shall also have power to appoint and re¬ 
move all subordinate female officers and employees, subject to the 
approval of the board. 

§ 145. Oaths and bonds.— Each manager and superintendent 
of such institutions shall take the constitutional oath of office and 
each superintendent shall execute a bond to the people of the 
state, in the sum of five thousand dollars, with sureties approved 
by the state comptroller, which shall be filed in the office of the 
comptroller. The manager appointed as treasurer of such institu¬ 
tion shall give a bond for such amount as the comptroller may 
direct. The comptroller may require other officers of such in¬ 
stitutions to give a bond, if, in his opinion, the interests of the 
state demand it. [Amended by L. 1900, chap. 49.] 

L. 1881, chap. 187, § 3. 

§ 146. Commitments; papers furnished by committing magis¬ 
trates. 

Subdivision 1. A female, between the ages of fifteen and thirty 
years, convicted by any magistrate of petit larceny, habitual 
drunkenness, of being a common prostitute, of frequenting dis¬ 
orderly houses or houses of prostitution, or of a misdemeanor, 
and who is not insane, nor mentally or physically incapable 
of being substantially benefitted by the discipline of either of such 
institutions, may be sentenced and committed to the House of 
Refuge for Women at Hudson, or to the Western House of 
Refuge for Women at Albion, or the Hew York State Reform¬ 
atory for Women, at Bedford. The term of such sentence and 
commitment shall be three years, but such female may be sooner 
discharged therefrom by the board of managers. Such commit- 

221 


Art. ix. THE STATE CHAKIT1ES LAW. Ch. ix. 

Houses of refuge and reformatories for women. 

ments to the House of Refuge for Women, at Hudson, until the 
Hew York State Reformatory for Women, at Bedford, is com¬ 
pleted and ready for the reception of inmates shall be from the 
first, second, third, fourth, and fifth judicial districts, and the 
counties of Delaware and Otsego; to the Western House of Refuge, 
at Albion, from the other counties in the sixth and from the 
seventh and eighth judicial districts. On the completion of the 
Hew York State Reformatory for Women, at Bedford, commit¬ 
ments thereto shall be made from the first judicial district and 
the counties of Westchester, Kings, Queens, Hassau, Suffolk and 
Richmond. 

2. The board of managers of each such institution shall fur¬ 
nish the several county clerks of the state with suitable blanks 
for the commitment of women thereto. Such county clerks shall 
immediately notify the magistrates of their respective counties 
of the reception of such blanks and that upon application they will 
be furnished to them. 

3. The magistrate commiting a female pursuant to this section 
shall immediately notify the superintendent of the institution to 
which the commitment is made of the conviction of such female, 
and shall cause a record to be kept of the name, age, birthplace, 
occupation, previous commitments, if any, and for what offenses; 
the last place of residence of such female, and the particulars of 
the offense for which she was committed. A copy of such record 
shall be transmitted, with the warrant of commitment, to the su¬ 
perintendent of such institution, who shall cause the facts stated 
therein, and such other facts as may be directed by the board of 
managers, to be entered in a book of record. 

4. Such magistrate shall, before committing any such female, 
inquire into and determine the age of such female at the time 
of commitment, and her age as so determined shall be stated in 
the warrant. The statement of the age of such female in such 
warrant shall be conclusive evidence as to such age in any action 
to recover damages for her detention or imprisonment under such 
warrant, and shall be presumptive evidence thereof in any other in- 
quiry, action or proceeding relating to such detention or imprison¬ 
ment. Thus amended by L. 1899, chap. 632, taking effect May 
23, 1899. 

Am’d L. 1904, chap. 169. 


222 


Ch. ix. 


THE STATE CHARITIES LAW. 


Art. ix. 


Houses of refuge and reformatories for women. 

§ 147. Return of females improperly committed.— Whenever 
it shall appear to the satisfaction of the board of managers of any 
such institution, that any person committed thereto is not of 
proper age to be so committed or is not properly committed, or is 
insane or mentally incapable of being materially benefitted by the 
discipline of any such institution, such board of managers shall 
cause the return of such female to the county from which she was 
so committed. Such female shall be so returned in the custody of 
one of the persons employed by such boards of managers to con¬ 
vey to such institutions women committed thereto, who shall de¬ 
liver her into the custody of the sheriff of ihe county from which 
she was committed. Such sheriff shall take such female before 
the magistrate making the commitment, or some other magistrate 
having equal jurisdiction in such county, to be by such magistrate 
resentenced for the offense for which she was committed to any 
such institution and dealt with in all respects as though she had 
not been so committed. 

The costs and expenses of the return of such female, neces¬ 
sarily incurred and paid by any such board of managers shall be a 
charge against the county from which such female was committed, 
to be paid by such county to such board of managers in the same 
manner as other county charges are collected. 

L. 1892, chap. 704, am’d L. 1904, chap. 169. 

§ 148. Disposition of children of women so committed.— If 

any woman committed to any such institution, at the time of such 
commitment is a mother of a nursing child in her care under one 
year of age, or is pregnant with child which shall be born after 
such commitment, such child may accompany its mother to and 
remain in such institution until it is two years of age and must 
then be removed therefrom. 

The board of managers of any such institution may cause such 
child to be placed in any asylum for children in this state and 
pay for the care and maintenance of such child therein at a 
rate not to exceed two and one-half dollars a week, until the 
mother of such child shall have been discharged from such institu¬ 
tion, or may commit such child to the care and custody of some 
relative or proper person willing to assume such care. 

If such woman, at the time of such commitment, shall be the 
mother of and have under her exclusive care a child more than 
one year of age, which might otherwise be left without proper 

223 


Art. ix. 


THE STATE CHARITIES LAW. 


Cii. ix. 


Houses of refuge and reformatories for women. 

care or guardianship, the magistrate commiting such woman shall 
cause such child to be committed to such asylum as may be pro¬ 
vided by law for such purposes, or to the care and custody of some 

relative or proper person willing to assume such care. 

L. 1892, chap. 704. 

SPECIAL ACT RELATING TO HOUSE OF REFUGE FOR WOMEN AT 

HUDSON. 

The following act amends subd. 3 of § 10 of chap. 187 of L. 1881, which 
was repealed by the State Charities Law, and made a part of the above 
section. The act having been passed at the same session of the legislature 
as the State Charities Law, it must be considered as still in effect by virtue 
of the Statutory Construction Law (L. 1892, chap. 667), § 33, post. We 
have, therefore, inserted the amendatory act at this place. 

L. 1896, chap. 587 — An act to amend chapter one hundred and eighty-seven 
of the laws of eighteen hundred and eighty-one, entitled “ An act to pitj- 
vide for the establishment of a house of refuge for women.” 

[In effect, May 12, 1896.] 

Section 1 . Subdivision three of section ten of chapter one hundred and 
eighty-seven of the laws of eighteen hundred and eighty-one, as amended by 
chapter seventeen of the laws of eighteen hundred and eighty-seven, as 
amended by chapter seven hundred and four of the laws of eighteen hundred 
and ninety-two, is hereby amended so as to read as follows: 

3. In case any woman committed to said house of refuge shall at the time 
of such commitment be the mother of a nursing child in her care, under one 
year of age, or be pregnant with child, which shall be born after such com¬ 
mitment, such child may accompany its mother to, and remain in said house 
of refuge until such time as in the opinion of said board of managers such 
child can be properly removed therefrom, and suitably provided for else¬ 
where; and said board of managers shall in their discretion have power to 
cause such child or children to be placed in any asylum for children in this 
state and to pay for the care and maintenance of such child or children 
at the rate not to exceed two dollars and a half a week, until the mother 
of such child or children shall have been discharged as hereinbefore provided 
for, or to commit such child or children to the care and custody of some 
relative or proper person willing to assume such care. And in case such 
woman at the time of such commitment shall be the mother of, and have 
under her exclusive care, a child or children, more than one year of age, and 
which might otherwise be left without proper care or guardianship, it shall 
be the duty of such court or magistrate so committing said woman to cause 
such child or children to be committed to such asylum as may be provided 
by law for such purpose, or to the care and custody of some relative or proper 
person willing to assume such care. The board of managers may bind out 
any child, born at or brought by its mother to the house of refuge, if a male, 
for a period which shall not be for a period beyond his twenty-first year, 
and if a female, for a period which shall not be beyond her eighteenth year, 
which shall have been abandoned by its mother for a period not less than six 
months, and remaining in the house of refuge, to be a clerk, apprentice or 
servant by an indenture in writing, which shall be signed by all the mana¬ 
gers in the name of the board of managers, and shall be signed also bv the 
person or persons to whom such child shall be so bound out, who shall, in 
such indenture undertake to treat such child kindly, which binding shall 
be as effectual as if such child had bound himself or herself with the con¬ 
sent of his or her father or mother. 

§ 2. This act shall take effect immediately. 

§ 149. Conveyance of women committed.— Tlie board of man¬ 
agers of each of such institutions shall employ suitable persons to 


Ch. ix. 


THE STATE CHARITIES LAW. 

Houses of refuge and reformatories for women. 


Art. ix. 


be known as marshals, to convey from the place of conviction to 
such institution, all woman legally committed thereto, and such 
marshals shall have the power and authority of deputy sheriffs 
in respect thereto. All expenses necessarily incurred in making 
such conveyance shall be paid by the treasurer of the board of 
managers. In case of the commitment of a woman, who, at the 
time thereof, is the mother of a nursing child, or is pregnant, the 
board of managers shall designate a woman of suitable age and 
character to accompany the person so committed, along with the 
officer or representative, authorized in this section to be employed 
by such managers. 

L. 1892, chap. 704. 

§ 150. Detentions and rearrests in cases of escapes.— The board 
of managers of any such institution may detain therein, under 
the rules and regulations adopted by them, any female legally 
committed thereto, according to the terms of the sentence and 
commitment, and conditionally discharge such female at any time 
prior to the expiration of the term of commitment. 

If an inmate escape or be conditionally discharged from any 
such institution, the board of managers may cause her to be re¬ 
arrested and returned to such institution, to be detained therein 
for the unexpired portion of her term, dating from the time of 
her escape or conditional discharge. A person employed by the 
board of managers of any such institution to convey to such in¬ 
stitution, women committed thereto, may arrest, without a war¬ 
rant, an escaped inmate in any county in this state, and shall 
forthwith convey her to the institution from which she escaped; 
and a magistrate may cause an escaped inmate to be arrested and 
held in custody, until she can be removed to such institution, as 
in the case of her first commitment thereto. 

A person conditionally discharged from any such institution 
may be arrested and returned thereto, upon a warrant issued by its 
president and secretary. Such warrant shall briefly state the 
reason for such arrest and return, and shall be directed and 
delivered to a person employed by such a board of managers to 
convey to such institutions, women committed thereto, and may 
be executed by such person in any such county of this state. 

L. 1892, chap. 704. 

§ 151. Employment of inmates.— The board of managers of 
each institution shall determine the kind of employment for 
15 225 


Art. ix. 


THE STATE CHARITIES LAW. 


Ch. ix 


Houses of refuge ana reformatories for women. 

women committed thereto and shall provide for their necessary 
custody and superintendence. The provisions for the safe keep¬ 
ing and employment of such women shall be made for the pur¬ 
pose of teaching such women a useful trade or profession and im¬ 
proving their mental and moral condition. 

Such board of managers may credit such women with a reason¬ 
able compensation for the labor performed by them, and may 
charge them with the necessary expenses of their maintenance and 
discipline, not exceeding the sum of two dollars per week. If 
any balance shall be found to be due such women at the expiration 
of their terms of commitment, such balance may be paid to them 
at the time of their discharge. 

To secure the safe keeping, obedience and good order of the 
women committed to any such institution, the superintendent 
thereof has the same power as to such women as keepers of 
jails and penitentiaries possess as to persons committed to their 
custody. 

L. 1892, chap. 704. 

§ 152. Clothing and money to be furnished discharged inmates. 

— The board of managers of any such institution may, in their 
discretion, furnish to each inmate of such institution who shall be 
discharged therefrom, necessary clothing, not exceeding twelve 
dollars in value, or if discharged between the first day of Novem¬ 
ber and the first day of April to the value of not exceeding 
eighteen dollars, and ten dollars in money, and a ticket for the 
transportation of one person from such institution to the place 1 
of the conviction of such inmate, or to such other place as such 
inmate may designate, at no greater distance from such institution 
than the place of conviction. 

L. 1892, chap. 704. 

§ 153. Board of managers of Bedford reformatory to notify 
county clerks of completion thereof.— As soon as the Bedford 
Reformatory for Women is completed and ready for the recep¬ 
tion of inmates, the board of managers thereof shall notify the 
county clerks of Westchester and New York counties and fur¬ 
nish such clerks with suitable blanks for the commitment of 
women to such institution. Such county clerks, on the reception 
of such notification, shall transmit a copy thereof to the several 
magistrates of such counties. 

L. 1892, chap. 637. 


226 


ARTICLE X. 


THOMAS ASYLUM FOR ORPHAN AND DESTITUTE INDIAN CHILDREN. 

§160. Establishment of asylum. §164. Superintendent, powers and du- 

§161. Board of managers. ties. 

§162. Powers and duties of the board. §165. Treasurer, powers and duties. 
§163. Officers; salaries. 

§ 160. Establishment of asylum.— The Thomas Asylum for 
Orphan and Destitute Indian Children, established on the Cat¬ 
taraugus reservation in the county of Erie, is hereby continued. 

Such asylum may sue and be sued in the corporate name of 
“ Thomas Asylum for Orphan and Destitute Indian Children,” 
and service of process and papers may be made upon the superin¬ 
tendent or any manager of such asylum. 

L. 1895, chap. 38. 

§ 161. Board of managers.— Such asylum shall be under the 
control and management of a board of managers, consisting of 
ten members, three of whom shall be Seneca Indians. Such man¬ 
agers and their successors shall be appointed by the governor, by 
and with the advice and consent of the senate, and shall hold 
their office for six years, and until others are appointed in their 
stead, subject to removal for cause by the governor. If any 
manager fails, without being excused by vote of the board, for 
one year, to attend the regular meeting of the board of which 
he is a member, his office shall become vacant. A certificate of 
every such failure shall forthwith be transmitted by the board 
to the governor, and all vacancies caused by removal or ex¬ 
piration of office or otherwise shall be filled by the governor, by 
and with the consent of the senate. 

L. 1895, chap. 38. 

§ 162. Powers and duties of board of managers.— The board 
of managers shall have the general direction and control of all 
the property and concerns of such asylum, not otherwise provided 
for by law. They may acquire and hold, in the name of and for 
the people of the state of New York, property, by grant, gift, 
devise or bequest, except reservation lands, which may be held 

227 


Art. x. THE STATE CHARITIES LAW. • Ch. ix. 


Thomas asylum for orphan and destitute Indian children. 

by those managers who are Seneca Indians, to be applied to the 
maintenance of orphan and destitute Indian children, and the 
general use of the asylum. They shall not receive any compensa¬ 
tion for their services, but shall receive actual and necessary trav¬ 
eling expenses for attending the regular meetings of the board, 
as prescribed by the by-laws of said asylum. They shall: 

1. Adopt, with the approval or consent of the state board of 
charities, by-laws for the regulation and management of said asy¬ 
lum, and regulating the appointment and duties of officers, assist¬ 
ants and employes of the asylum, and ordain and enforce a suit¬ 
able system of rules and regulations for the internal government, 
discipline and management of the same. 

2. Take care of the general interests of the asylum, and see 
that its design is carried into effect according to law, and its by¬ 
laws, rules and regulations. They shall, on application, receive 
destitute and orphan Indian children from any of the several 
reservations located within this state, and shall furnish them such 
care, moral training, and education, and such instruction in hus¬ 
bandry, and the arts of civilization as shall be prescribed by their 
by-laws, rules and regulations. 

3. Keep in a book provided for that purpose, a fair and full rec¬ 
ord of their doings, which shall be open at all times to the inspec¬ 
tion of the governor, the state board of charities or any person ap¬ 
pointed to examine the same by the governor, the state board of 
charities, or either house of the legislature. 

4. Maintain an effective inspection of the asylum, for which 
purpose a committee of the board, consisting of at least four mem¬ 
bers thereof, shall visit the asylum at least bi-monthly and the 
whole board at least twice a year, and at such other times as may 
be prescribed by the by-laws. 

5. Enter in a book kept by them for that purpose, the date 
of each visit, the condition of the asylum and the children there¬ 
in, and its property, and all such managers present shall sign such 
entries. 

6. Make, annually, on or before the fifteenth day of January, 
a report to the legislature of the condition of said asylum, includ¬ 
ing a true account, in detail, of the receipts and disbursements of 
all moneys that shall come into their hands, or under their con¬ 
trol, the number, age, and sex of such destitute orphan children 
in said asylum, with the name of the reservation to which they 
belong, and the proportion of the year each has been maintained 

228 


Ch. ix. THE STATE CHARITIES LAW. Art. x. 

Thomas asylum for orphan and destitute Indian children. 

and instructed in said asylum, and such suggestions and recom¬ 
mendations as they may deem proper, or which may be required 
of them by the state board of charities. 

L. 1895, chap. 38. 

§ 163. Officers; salaries.— Such board shall appoint for the 
asylum, as often as necessary, and for cause, after an opportunity 
to be heard, remove: 

1. A superintendent, a matron, and a well-educated physician, 
who shall be a graduate of an incorporated medical college. 

2. A treasurer, who shall give a bond to the people of the state 
for the faithful performance of his trust, with such sureties and 
in such amount as the comptroller of the state shall approve. 

The superintendent, matron, and other assistants shall con¬ 
stantly reside in the asylum, or on the premises, and shall be des¬ 
ignated the resident officers of the asylum. The physician shall 
visit said asylum at such times, and perform such duties as shall 
be prescribed by the by-laws, rules and regulations of the asylum. 
Such board shall also, from time to time, with the approval of the 
stateboard of charities, fix the annual salaries and allowances of 
such officers. Such salaries shall be paid in equal monthly in¬ 
stallments by the treasurer on the warrant of the board of mana¬ 
gers, countersigned by the superintendent thereof, and certified as 
correct. 

L. 1895, chap. 38. 


§ 164. Superintendent, powers and duties.— The superintend¬ 
ent shall be the chief executive officer of such asylum, and in 
his absence or sickness, the matron shall perform the duties, and 
be subject to the responsibilities of the superintendent. Subject 
to the by-laws, rules and regulations established by the board of 
managers, such officer shall have the general superintendence of 
the buildings, grounds and farm, together with their furniture, 
fixtures and stock, and shall: 

1. Daily ascertain the condition of all the children and pre¬ 
scribe their conduct. 

2. Appoint, with the approval of the board of managers, the 
other resident officers, assistants and employees not otherwise 
provided for, that he may think necessary for the economical 
and efficient performance of the business of the asylum, and pre¬ 
scribe their duties, and he may discharge them at his discretion. 

229 


Art. x. 


THE STATE CHARITIES LAW. 


Ch. ix. 


Thomas asylum for orphan and destitute Indian children. 

3. Cause full and fair accounts and records of all liis doings, 
and of the entire business and operation of the asylum to be kept 
regularly, from day to day, in books provided for that purpose. 

4. See that all such accounts and records are justly made up 
for the annual report to the legislature, as required by this act, 
and present the same to the board of managers, who shall incor¬ 
porate them into their report to the legislatue. 

5. Keep in a book, in which he shall cause to be entered, at 
the time of the reception of any child, his name, age, residence, 
and the names of his parents (if any), to what reservation and 
tribe he belongs, and the date of such reception, and by whom 
brought, and the condition of the general health of such child. 

L. 1895, chap. 38. 

8 165. Treasurer, powers and duties.— The treasurer shall have 
the custody of all moneys, obligations and securities belonging 
to the asylum. He shall: 

1. Open with some good and solvent bank, conveniently near 
the asylum, an account in his name as such treasurer, and deposit 
all moneys, upon receiving the same, therein, and draw from the 
same in the manner prescribed by the by-laws, specifying the ob¬ 
ject of payment. 

2. Keep a full and accurate account of all receipts and pay¬ 
ment in the manner directed by the by-laws, and such other ac¬ 
counts as the board of managers shall prescribe, render a state¬ 
ment to the board of managers whenever required by them. 

L. 1895, chap. 38. 

§ 165a. Transfer of Indian children to other institutions.— 

Whenever the number of Indian children in the Thomas Asylum 
for Orphan and Destitute Indian Children, on the Cattaraugus 
Reservation duly admitted thereto, shall be in excess of its proper 
capacity of the applications for admission of such Indian children 
to such asylum shall exceed its proper accommodations therefor, 
or whenever, in the opinion of the trustees of such asylum, the 
comfort and well-being of any such Indian children therein will 
likely be promoted by their removal to other asylums, hospitals or 
institutions for the custody, care and treatment of orphan, de¬ 
pendent or sick children, they may, with the approval of the 
state board of charities, contract with the managers or other au¬ 
thorities of such asylums, hospitals or institutions as they may 

230 


Ch. ix. THE STATE CHARITIES LAW. Art. x. 

Thomas asylum for orphan and destitute Indian children. 

deem desirable for the reception, care and treatment of such In¬ 
dian children, as may, from time to time, be transferred thereto, 
at a fixed weekly per capita rate not exceeding two dollars, ex¬ 
cept in the case of sick children requiring hospital treatment and 
care, when the fixed weekly per capita rate shall not exceed three 
dollars. The sum of two thousand dollars or so much thereof as 
may be necessary is hereby appropriated out of the moneys in the 
state treasury, not otherwise appropriated, for the purpose of this 
act. 




281 


AETICLE XI. 

LAWS REPEALED I WHEN TO TAKE EFFECT, 


§170. Laws repealed. 


§171. When to take effect. 


§ 170. Laws repealed. — Of the laws enumerated in the sched¬ 
ule hereto annexed, that portion specified in the last column is re¬ 
pealed. 

§ 171. When to take effect. — This chapter shall take effect 
on October first, eighteen hundred and ninety-six. 


SCHEDULE OF LAWS REPEALED. 


Laws of 


Chapter. sections. 


1S46. 

1850. 

1851. 

1852. 

1853. 
1853. 
1855. 
1861. 
1862. 
1867. 
1867. 
1873. 
1875. 

1878. 

1879. 
1881. 

1885. 

1886. 
1888. 

1890. 

1891. 
1891 

1891 

1892 

1892 

1893 

1894 

1895 
1895 
1895 
1895 
1895 
1895 


143. 

. All. 



24. 

. All. 



502. 

. All. 



387. 

. All. 



159. 

. All. 



608. 

. All. 



163. 

All 



306. 

. All. 



220. 

.' All. 



739. 

. All. 



951. 




571. 

. All. 



228. 

. All. 



72. 

. All. 



109. 

. All. 



187. 

. All. 



281. 

. All. 



539.. .. 

. All. 



404. 

. All. 



238. 

.:. . . All. 



51. 

. All. 



216. 

. All. 



375. 

. All. 



637. 

. All, 

except § 

5. 

704. 




635. 

. All. 



363. 

. All. 



13. 

. All. 



38. 

. All, 

except § 

9. 

59. 

. All. 



253. 




439. 




771. 







930 



































































MISCELLANEOUS ACTS RELATING TO STATE CHAR¬ 
ITABLE INSTITUTIONS. 


Article 1. Care of aged, decrepit and mentally enfeebled persons who are 
not insane. 

II. Acquisition of lands by condemnation for the benefit of state 
charitable institutions. 

III. Guardianship of indigent and pauper children by charitable in¬ 
stitutions and adoption therefrom. 

ARTICLE I. 

■Care of aged, decrepit and mentally enfeebled persons 

WHO ARE NOT INSANE. 

L. 1896, Chap. 914 — An Act to provide for the care of aged, 
decrepit and mentally enfeebled persons who are not insane. 

[In effect May—, 1896.] 

§ 1. Supervision of State board of charities.— It shall be law¬ 
ful for the state board of charities, within ten days after the pass¬ 
age of this act, to exercise supervision over all aged, decrepit and 
feeble-minded persons who are not proper subjects for care and 
treatment in a hospital for the insane, but who, on application 
by themselves, or by their relatives, or if without relatives, then 
by their friends or legal guardians, seek to obtain admission into 
any homes, retreats, or other asylums which may be authorized 
under the provisions of this act, to receive and administer to their 
necessities in a safe and human manner. 

§ 2. License of homes, retreats and asylums by State board of 
charities.— The State board of charities, in the exercise of such 
official supervision, is hereby empowered to license any home, re¬ 
treat, or other asylum devoted to the sole purpose of keeping and 
caring for such aged, decrepit or mentally enfeebled persons when¬ 
ever in the judgment of said board such home, retreat or asylum 
possesses the necessary equipment in officers and attendants, to¬ 
gether with suitable domestic accommodations in all other respects, 
for the safe and humane maintenance of such patients. And the 

233 


Art, i. MISCELLANEOUS ACTS. Ch. IX. 

Care of aged persons, who are 'not insane. 

power of exercising supervision over such institutions by the state 
board of charities, and of visiting and inspecting them and their 
inmates at all times, shall be the same as now belongs to them in 
respect to the other institutions under their care. 

§ 3. Entrance to licensed institution.— Any person not a minor 

may voluntarily enter such a licensed institution upon filing 
an application of his intention with the superintendent thereof, 
supported by the affidavits of two reputable physicians of the 
places of residents of such person, certifying to the act that the 
said applicant, though aged, decrepit or mentally enfeebled, is not 
insane nor a proper subject for treatment in a hospital for the 
insane, and that he goes there with the consent of his relatives 
friends, or legal guardians. 

§ A. Application made by relative, friend or guardian.— In 

case such applicant be incompetent *to act for himself, a similar 
application may be made in his behalf by any relative, friend or 
legal guardian in whose charge, or by whose assistance he is main¬ 
tained, and the superintendent of such institution is hereby au¬ 
thorized to receive him in like manner as above stated. 

§ 5. Discharge of patient.— Any patient upon application 
made to the state board of charities by him, or his friends or 
legal guardians, may be discharged from any such home, retreat 
or asylum, and placed in charge of his friends or other suitable 
place as the said board, in their judgment, may deem best. 

§ 6. This act shall take effect immediately. 


234 


ARTICLE II. 


ACQUISITION OF LANDS BY CONDEMNATION FOB THE BENEFIT OF 
STATE CHARITABLE INSTITUTIONS. 

L. 1896, chap. 589 — An act to authorize the state commissions 
or boards to acquire land by condemnation, and to amend the 
code of civil procedure relating to condemnation proceedings. 

[In effect May 12, 1896.] 

§ 1. Authority granted; proceedings, how instituted.— The peo¬ 
ple of the state of New York and the several commissions or 
boards, boards of managers or trustees in charge or having con¬ 
trol of any of the charitable or other institutions of the state, are 
hereby authorized to acquire under the provisions of title one 
of chapter twenty-three of the code of civil procedure, known as 
the condemnation law, such real estate, right or interest therein, 
as may be necessary for the uses of the state or for the construc¬ 
tion, maintenance and accommodation of such state institutions if 
unable to agree with the owner thereof for its purchase. Unless 
otherwise provided by law, the proceedings for the purpose of 
acquiring such real estate, right or interest therein, shall be in¬ 
stituted and maintained in the name of the people of the state of 
New York, by the attorney-general or by such counsel as the gov¬ 
ernor of attorney-general may designate for that purpose, upon 
the certificate of such commission or board as to the necessity of 
acquiring such real estate, right or interest therein, approved 
and indorsed by the governor. 

§ 2. Section thirty-three hundred and fifty-eight of the code 
of civil procedure is hereby amended so as to read as follows: 

§ 3358. The term “ person/’ when used herein, includes a nat¬ 
ural person and also a corporation, joint-stock association, the state 
and a political division thereof, and any commission, board, board 
of managers or trustees in charge or having control of any of 
the charitable or other institutions of the state; the term “ real 
property,” any right, interest or easement therein or appurtenances 
thereto; and the term u owner,” all persons having any estate, 

235 


Art. ii. 


MISCELLANEOUS ACTS. 


Ch. ix. 


Acquisition of land for benefit of state charitable institutions. 

interest or easement in the property to be taken, or any lien, 
charge, or incumbrance thereon. The person instituting the pro¬ 
ceedings shall he termed the plaintiff; and the person against 
whom the proceeding is brought, the defendant. 

§ 3. Subdivision one of section thirty-three hundred and sixty 
of the code of civil procedure is hereby amended so as to read as 
follows: 

1. His name, place of residence, and the business in which en¬ 
gaged; if a corporation or joint-stock association, whether foreign 
or domestic, its principal place of business within the state, 
the names and places of residence of its principal officers, and of 
its directors, trustees or hoard of managers, as the case may be, 
and the object or purpose of its incorporation or association; if a 
political division of the state, the names and places of residence 
of its principal officers; and if a state or any commission or board 
of managers or trustees in charge or having control of any of the 
charitable or other institutions of the state, the name, place of 
residence of the officer acting in its or their behalf in the pro¬ 
ceedings. 

§ 4. This act shall take effect immediately. 


236 


ARTICLE III. 


GUARDIANSHIP OF INDIGENT AND PAUPER CHILDREN BY CHARITA¬ 
BLE. INSTITUTIONS AND ADOPTION THEREFROM. 

L. 1884, chap. 438 — An act to revise and consolidate the statutes 
of the state relating to the custody and care of indigent and 
pauper children by orphan asylums and other charitable insti¬ 
tutions. 

§ 1. Guardianship of indigent children may be committed to any 
incorporated orphan asylum.— The guardianship of the person and 
the custody of any indigent child may be committed to any in¬ 
corporated orphan asylum or other institution incorporated for the 
care of orphan, friendless or destitute children, by an instrument 
in writing signed by the parents of such child, if both such par¬ 
ents shall then be living, or by the surviving parent, if either 
parent of such child be dead, or if either one of such parents shall 
have, for the period of six months then next preceding, abandoned 
such child, by the other of such parents, or if the father of such 
child shall have neglected to provide for his family during the 
six months then next preceding, or if such child be a bastard, by 
the mother of such child; or if both parents of such child shall 
then be dead, by the guardian of the person of such child, legally 
appointed, with the approval of the court or officer which ap¬ 
pointed, such guardian to be entered of record; or if both parents 
of such child shall then be dead and no legal guardian of the per¬ 
son of such child shall have been appointed, and no guardian of 
such child shall have been appointed by a last will and testament, 
or by a deed by either parent thereof, or if the parents of such 
child shall have abandoned such child for the period of six months 
then next preceding, by the mayor of the city or by the county 
judge of the county in which such asylum or such other institu¬ 
tion shall be locate, upon such terms, for such time, and subject 
to such conditions as may be agreed upon by the parties to such 
written instrument. And such written instrument may provide 
for the absolute surrender of such child to such corporation. But 
no such corporation shall draw or receive money from public 

237 


Art. hi. 


MISCELLANEOUS ACTS. 


Ch. ix. 


Guardianship of indigent children, etc. 

fluids for the support of any such child committed under the pro¬ 
visions of this section, unless it shall have been determined by a 
court of competent jurisdiction that such child has no relative, 
parent or guardian living, or that such relative, parent or guard¬ 
ian, if living, is destitute and actually unable to contribute to the 
support of such child. 

§ 2. Children not to be sent to county poor-house, etc. — It 

shall not be lawful for any county superintendent or overseer of 
the poor, board of charity or other officer, to send any child be¬ 
tween the ages of two and sixteen years, as a pauper, to any 
county poor-house or alms-house for support and care, or to detain 
any child between the ages of two and sixteen years in such 
poor-house or alms-house; but such county superintendents, over¬ 
seers of the poor, boards of charities or other officers shall pro¬ 
vide for such child or children, in families, orphan asylums, hos¬ 
pitals, or other appropriate institutions, as provided by law. The 
boards of supervisors of the several counties of the state are here¬ 
by directed to take such action in the matter as may be necessary 
to carry out the provisions of this section. When any such child 
shall be so provided for or placed in any orphan asylum or such 
other institution, such child shall, when practicable, be so provided 
for or placed in such asylum or such other institution as shall 
then be controlled by persons of the same religious faith as the 
parents of such child. 

This section is in effect superseded by Poor Law, § 56, ante, p. 51. 

§ 3. Record to be kept by all institutions for reception of min¬ 
ors, etc. — All institutions, public or private, incorporated or not 
incorporated, for the reception of minors, whether as orphan, or 
as pauper, indigent, destitute, vagrant, disorderly, or delinquent 
persons, are hereby required to provide and keep a record in which 
shall be entered the date of reception, and the names and places 
of birth and residence as nearly as the same can be reasonably as¬ 
certained, of all children admitted in such institutions, and 
how and by whom and for what cause such children shall be 
placed therein, and the names, residence, birthplace and religious 
denomination of the parents of such children so admitted, as 
nearly as the same can be reasonably ascertained; and whenever 
any such child shall leave such institution, the proper entry shall 
be made in such record, showing in what manner such child shall 

238 


Ch. ix. MISCELLANEOUS ACTS. Art. hi. 

Guardianship of indigent children, etc. 

have been disposed of, and if apprenticed to or adopted by any 
person or family, or otherwise placed out at service or on trial, 
the name and place of residence of the person or head of the fam¬ 
ily to or with whom such child shall have been so apprenticed, 
adopted, or otherwise placed out; and extracts from such record 
relating to any such child which shall have been so admitted shall, 
within twenty-four hours after request therefor by any parent, 
relative or legal guardian of such child, of the secretary or other 
officer of such asylum or other institution, and an order of the 
supreme court to that effect, be given by such officer to such par¬ 
ent, relative or legal guardian. Nothing in this section shall be 
construed to prevent visitation by relatives and friends in ac¬ 
cordance with the established rules of such institutions. 

§ 4. Removal of children from one institution to another, etc. 

— While any child which shall have been placed in such asylum, 
or other institution, as a pauper, in pursuance of the second sec¬ 
tion of this act, shall remain therein at the expense of the county 
or town to which such pauper child is chargeable, the superin¬ 
tendents of the poor of such county, or the overseer of the poor 
of such town, may, in their discretion, remove such child from 
such asylum or other institution and place such child in some other 
such institution or make such other disposition of such child as 
shall then be provided by law. The name of no such child shall 
be changed while in such institution as in this section aforesaid. 
But no parent of such pauper child, so in such asylum or other in¬ 
stitution as in this section aforesaid, shall be entitled to the cus¬ 
tody thereof except in pursuance of a judgment or order of a 
court or judicial officer of competent jurisdiction, adjudging or 
determining that the interests of such child will be promoted 
thereby, and that such parent is fit, competent and able to duly 
maintain, support and educate such child. 

§ 5. Children may be bound out as apprentices, services, etc.— 

Any corporation specified in the first section of this act may bind 
out any indigent or pauper child, if a male, for a period which 
shall not be beyond his twenty-first year, and if a female, for a 
period which shall not be beyond her eighteenth year, which shall 
have been absolutely surrendered to the care and custody of such 
corporation in pursuance of the provisions of the first section of 
this act, or which shall have been placed therein as a pauper in 

239 


Art. hi. 


MISCELLANEOUS ACTS. 

Guardianship of indigent children, etc. 


Ch. IX. 


pursuance of the provisions of the second section of this act, 
or which shall have been left to the care of such corporation with 
no provision by the parent, relative or legal guardian of such 
child, for its support for a period of one year then next preced¬ 
ing, to be a clerk, apprentice or servant. 

The remainder of this section was repealed by the Domestic Relations Law 
(L. 1896, chap. 272). 

§ 7. Children may be placed by adoption with suitable persons. 

— Any child which a corporation specified in the first section of 
this act is, by the fifth section of this act, authorized to bind out 
may be placed by such corporation, by adoption, with some suita¬ 
ble person or persons, by a written instrument of adoption, which 
shall be executed under seal and signed in the corporate name of 
such corporation by such officer or officers as shall be authorized 
by the directors or trustees thereof to sign such corporate name 
to such instruments, and which shall be also signed by the person 
or persons with whom such child shall be so placed by adoption, 
and if either of the persons so taking such child by adoption shall 
then have a husband or wife from whom such person is not lawfully 
separated, such instrument of adoption shall also be signed by 
such husband or wife. When practicable, all such children shall 
be indentured, bound out and given for adoption to persons of the 
same religious faith as the parents of such children. 

PROVISIONS OF THE DOMESTIC RELATIONS LAW, RELATIVE TO ADOP¬ 
TION FROM CHARITABLE INSTITUTIONS. 

[Domestic Relations Law t , L. 1896, Chap. 272, §§ 65-68.] 

§ 65. Adoption from charitable institutions. — Where an orphan 
asylum or charitable institution is authorized to place children 
for adoption, the adoption of every such child shall, when prac¬ 
ticable, be given to persons of the same religious faith as the par¬ 
ents of such child. The adoption shall be effected by the execu¬ 
tion of an instrument containing substantially the same provisions 
as the instrument provided in this article for voluntary adop¬ 
tion, signed and sealed in the corporate name of such corporation 
by the officer or officers authorized by the directors thereof to 
sign the corporate name to such instruments, and signed by the 
foster parent or parents and each person whose consent is neces¬ 
sary to the adoption; and may be signed by the child, if over 
twelve years of age, all of whom shall appear before the county 

240 


Ch. ix. MISCELLANEOUS ACTS. Art. iii. 

Guardianship of indigent children, etc. 

judge or surrogate of the county where such foster parents reside 
and be examined, except that such officers need not appear; and 
such judge or surrogate may thereupon make the order of adop¬ 
tion provided by this article. Such instrument and order shall 
be filed and recorded in the office of the county clerk of the 
county where the foster parent resides, and the adoption shall 
take effect from the time of such filing and recording. 

§ 66. Abrogation of voluntary adoption.— A minor may be 
deprived of the rights of a voluntary adoption by the following 
proceedings only: 

The foster parent, the minor and the persons whose consent 
would be necessary to an original adoption, must appear before 
the county judge or surrogate of the county where the foster 
parent resides, who shall conduct an examination as for an 
original adoption. If he is satisfied that the abrogation of the 
adoption is desired by all parties concerned, and will be for the 
best interests of the minor, the foster parent, the minor, and the 
persons whose consent would have been necessary to an original 
adoption shall execute an agreement, whereby the foster parent 
and the minor agree to relinquish the relation of parent and child 
and all rights acquired by such adoption, and the parents or guard¬ 
ian of the child or the institution having the custody thereof, agree 
to re-assume such relation. The judge or surrogate shall indorse, 
upon such agreement, his consent to the abrogation of the adop¬ 
tion. The agreement and consent shall be filed .and recorded in 
the office of the county clerk of the county where the foster parent 
resides, and a copy thereof filed and recorded in the office of the 
county clerk of the county where the parents or guardian reside, 
or such institution is located, if they reside, or such institution is 
located, within this state. From the time of the filing and re¬ 
cording thereof, the adoption shall be abrogated, and the child shall 
re-assume its original name and the parents or guardians of the 
child shall re-assume such relation. Such child, however, may 
be adopted directly from such foster parents by another person 
in the same manner as from parents, and as if such foster parents 
were the parents of such child. 

§ 67. Application in belief of the child for aborgation of an 
adoption from a charitable institution.— A minor who shall have 
been adopted in pursuance of this chapter or of any act repealed 
10 241 


Art. iii. 


MISCELLANEOUS ACTS. 


Ch. ix. 


Guardianship of indigent children, etc. 

thereby, from an orphan asylum or charitable institution, or any 
corporation which shall have been a party to the agreement by 
which such child was adopted, or any person on the behalf of 
such child, may make an application to the county judge of the 
surrogate’s court of the county in which the foster parent then 
resides, for the abrogation of such adoption, on the ground of 
cruelty, misusage, refusal of necessary provisions or clothing, or 
inability to support, maintain or educate such child, or of any 
violation of duty on the part of such foster parent tow T ard such 
child; which application shall be by a petition setting forth the 
grounds thereof, and verified by the person or by some officer of 
the corporation making the same. A citation shall thereon be 
issued by such judge or surrogate in or out of such court, requir¬ 
ing such foster parent to show cause why the application should 
not be granted. The provisions of the code of civil procedure 
relating to the issuing, contents, time and manner of service or 
citations issue out of a surrogate’s court, and to the hearing on 
the return thereof, and to enforcing the attendance of witnesses, 
and to all proceedings thereon, and to appeals from decrees of 
surrogate’s courts, not inconsistent with this chapter, shall apply 
to such citation, and to all proceedings thereon. Such judge or 
court shall have power to order or compel the production of the 
person of such minor. If on the proofs made before him, on the 
hearing on such citation, the judge or surrogate shall determine 
that either of the grounds for such application exist?, and that the 
interests of such child will be promoted by granting the applica¬ 
tion, and that such foster parent has justly forfeited his right to 
the custody and services of such minor, an order shall be made 
and entered abrogating the adoption, and thereon the status of 
such child shall be the same as if no proceedings had been had for 
the adoption thereof. 

After one such petition against a foster parent has been denied, 
a citation on a subsequent petition against the same foster parent 
may be issued or refused in the discretion of the judge or sur¬ 
rogate to whom such subsequent petition shall be made. 

§ 68. Application of the foster parent for the abrogation of 
such an adoption.— A foster parent who shall have adopted a 
minor in pursuance of this chapter or of any act repealed thereby, 
from an orphan asylum or charitable institution, may apply to the 
county judge or surrogate’s court of the county in which such 

242 


Ch. ix. MISCELLANEOUS ACTS. Art. hi. 

(juardianship of indigent children, etc. 

foster parent resides, for the abrogation of such adoption on the 
gTound of the willful desertion of such child from such foster par¬ 
ent, or of any misdemeanor or ill-behavior of such child, which 
application shall be by petition, stating the grounds thereof, and 
the substance of the agreement of adoption, and shall be verified 
by the petitioner; and thereon a citation shall be issued by such 
judge or surrogate in or out of such court, directed to such child, 
and to the corporation which was a party to such adoption, or, if 
such corporation does not then exist, to the superintendent of the 
poor of such county, requiring them to show cause why such peti¬ 
tion should not be granted. Unless such corporation shall ap¬ 
pear on the return of such citation, before the hearing thereon 
shall proceed, a special guardian shall be appointed by such judge 
or court to protect the interests of such child in such proceeding 
and the foster parent shall pay to such special guardian such sum 
as the court shall direct for the purpose of paying the fees and 
the necessary disbursements in preparing for and contesting such 
application on behalf of the child. If such judge or surrogate 
shall determine, on the proofs made before him, on the hearing 
of such citation, that the child has violated his duty toward such 
foster parent, and that due regard to the interests of both re¬ 
quire that such adoption be abrogated, an order shall be made 
and entered accordingly; and such judge or court may make any 
disposition of the child, which any court or officer shall then be 
authorized to make of vagrant, truant or disorderly children. If 
such judge or surrogate shall otherwise determine an order shall 
be made and entered denying the petition. 


243 


INSTITUTIONS FOR THE CARE AND INSTRUCTION 
OF THE BLIND AND DEAF MUTES. 


The question has been discussed as to whether the institutions for the 
instruction of the blind and deaf mutes are charitable institutions and sub¬ 
ject to the inspection and visitation of the board of state charities and the 
laws relating to charitable institutions. The main purpose of such insti¬ 
tutions is the instruction of the pupils therein; their care and maintenance 
is an incident to such instruction. Judge Beekman, in the case of People 
ex rel. N. Y. Inst, for the Blind v. Fitch, 16 Misc. 464, declared such insti¬ 
tutions to be educational in their nature and, therefore, not subject to the 
powers of the state board of charities under the Constitution. The Court 
of Appeals reversed Judge Beekman, and by a divided court held such 
institutions to be charitable and subject to the visitation of the state board 
of charities. See 154 N. Y. 14. We have, therefore, inserted the acts relat¬ 
ing to such institutions.] 

Article I. The New York State School for the Blind at Batavia. 

IT. Institutions for the care and instruction of deaf mutes. 

III. Appointments of pupils to be made by superintendent of public 
instruction. 


ARTICLE I. 

THE NEW YORK STATE SCIIOOE FOR THE BLIND AT BATAVIA. 

L. 1865, chap. 587 — An act to authorize the establishment of 
the New York State Institution for the Blind. 

Sections 1 to 9 are omitted as temporary. 

§ 10. Trustees.— As soon as suitable accommodations shall he 
provided, the governor shall, by and with the consent of the sen¬ 
ate, appoint nine trustees, two from the first judicial district and 
one from each of the other judicial districts, who shall take charge 
of said institution. Such trustees shall serve without pay, and 
shall hold their offices for three years and until others are ap¬ 
pointed. 

§ 11. Admissions to asylum.— Application for admission into 
such institution shall he made to a justice of the supreme court 
or of the court of common pleas or to a county judge in the 
county where such applicant shall reside. Such justice or judge 
shall hear the application and make due inquiry into the pecun- 

244 


Ch. is. STATE CHAKITIES LAW. Aet. i. 

The New York state school for the blind at Batavia. 

iary circumstances of such applicant, or of the parents or guard¬ 
ians thereof, and if it shall be proved to his satisfaction that 
such person or the parents or guardians of such person are unable 
to pay for the support thereof, and that such county is entitled to 
send such person to such institution, he may make his order to 
that effect, and thereupon such person shall he sent to and ad¬ 
mitted into such institution for a term not exceeding seven years. 

L. 1895, chap. 563 — An act changing the name of the New York State 
Institution for the Blind. 

Section 1 . The New York State Institution for the Blind, as the same 
was authorized to be established by chapter five hundred and eighty-seven 
of the laws of eighteen hundred and sixty-five and the acts supplemental 
thereto, shall hereafter be known and designated as the “ New York State 
School for the Blind.” 

§ 12. Preference to soldiers’ children.— The persons who shall 
be entitled to the benefits of this institution shall be admitted in 
the order of their application for admission, except that the blind 
children of those who shall have died in the military service of 
the United States, or from wounds or injuries received therein 
during the present rebellion, shall in all cases have a preference; 
except, however, that each county shall be entitled to admission 
for its blind population in indigent circumstances in the same 
proportion which the whole number of its blind population shall 
bear to the whole blind population of the state which proportion 
shall be determined by the trustees; provided, however, that for 
each person sent by any county, such county shall pay the annual 
sum of fifty dollars toward the support of such person. 

§ 13. Power of trustees.— Said trustees shall, as soon after 
their appointment as may be, meet and organize by choosing one 
of their number as president and appointing a secretary. They 
shall have power to make by-laws and rules and regulations for 
the transaction of their business and for the regulation and man¬ 
agement of said institution, which institution shall be wholly un¬ 
der their control; and as soon as may be necessary, they shall ap¬ 
point some suitable person as superintendent, and such other offi¬ 
cers and employees as may be necessary to properly carry on the 
business of said institution, and fix the compensation thereof. 

§ 14. Records to be kept.— Said trustees shall keep full and 
complete records of all their proceedings, and also of the business 

245 


Art. i. STATE CHARITIES LAW. Ch. ix. 

The New York state school for the blind at Batavia. 

and daily transactions of such institution, in books to be provided 
for that purpose; and shall annually make report thereof to the 
legislature, in and during the month of January. 

Section 15 is omitted as temporary. 

L. 1867, chap. 744.— An act to define the objects of New York 

State Institution for the Blind, and to provide for its manage¬ 
ment. 

§ 1. Persons entitled to privileges of the institution. — All blind 

persons of suitable age and capacity for instruction, who are legal 
residents of the state, shall be entitled to the privileges of the 
New York State Institution for the Blind, without charge, and 
for such a period of time in each individual case as may be deemed 
expedient by the board of trustees of said institution; provided, 
that whenever more persons apply for admission at one time than 
can he properly accommodated in the institution, the trustees shall 
so apportion the number received, that each county may be repre¬ 
sented in the ratio of its blind population to the total blind pop¬ 
ulation of the state; and provided further, that the children of 
citizens who died in the United States service, or from wounds 
received therein during the late rebellion, shall take precedence 
over all others. 

§ 2. Non-residents. — Blind persons from without the State 
may be received into the institution upon the payment of an ade¬ 
quate sum, fixed by the trustees, for their boarding and instruc¬ 
tion; provided that such applicant shall in no case exclude those 
from the state of New York. 

§ 3. Applications for admissions, how made; certificate required. 

— Applications for admission into the institution shall be made 
to the board of trustees in such manner as they may direct, but the 
board shall require such application to he accompanied by a certi¬ 
ficate from the county judge or county clerk of the county or the 
supervisor or town clerk of the town, or the mayor of the city 
where the applicant resides, setting forth that the applicant is 
a legal resident of the town, county and state claimed as his or 
her residence. [Thus amended by L. 1872, chap. 616.] 

§ 4. Object of the institution.— The primary object of the in¬ 
stitution shall be to furnish to the blind children of the state the 

246 


Oj.ix. STATE CHARITIES LAW. Art. i. 

The New York state school for the blind at Batavia. 

best known facilities for acquiring a thorough education, and train 
them in some useful profession or manual art, by means of which 
they may be enabled to contribute to their own support after 
leaving the institution; but it may likewise, through its indus¬ 
trial department, provide such of them with appropriate employ¬ 
ment and boarding accommodations as find themselves unable after 
completing their course of instruction and training, to procure 
these elsewhere for themselves. It shall, however, be in no sense 
an asylum for those who are helpless from age, infirmity, or 
otherwise, or a hospital for the treatment of blindness. 

§ 5. Successors of present board of trustees.— Upon the expira¬ 
tion of the term of office of the present board of trustees, the 
governor shall, by and with the consent of the senate, appoint 
their successors, tw T o of whom shall reside in the county wherein 
said institution is located, and a majority of whom shall reside 
within fifty miles of said institution, and at the first meeting of 
said board, after their appointment as aforesaid they shall divide 
themselves by lot into three equal classes, who shall serve for 
two, four and six years respectively, from the date of their ap¬ 
pointments, and until their successors shall have been appointed, 
and every alternate year thereafter the governor shall, by and 
with the consent of the senate, appoint three trustees to fill the 
places of those whose term of service will have expired, in accord¬ 
ance with the provisions of this section. 

§ 6. Declination.— In case of the declension of any member 
of said board of trustees to act under his appointment, or of the 
occurrence of any other casual vacancy in the board, the gover¬ 
nor shall forthwith appoint some suitable person to fill such va¬ 
cancy, and the member so appointed shall serve out the time of 
his predecessor. 

§ 7. Trustees to receive no compensation, except mileage.— The 

trustees shall receive no compensation as such, but they may al¬ 
low themselves mileage, at the same rate as that paid to members 
of the legislature, for any distance actually travelled in the ser¬ 
vice pf the institution. Nor shall any trustee be pecuniarily in¬ 
terested in any contract for buildings pertaining to the institu¬ 
tion, or in furnishing supplies therefor. 


247 


Art. i. 


STATE CHARITIES LAW. 


Ch. ix. 


The New York state school for the blind at Batavia. 

§ 8. Powers of board of trustees. — The board of trustees shall 
have charge of all the affairs of the institution, with power to 
make all necessary by-laws and regulations for their government 
and the proper management of the institution, as well as for 
the admission of pupils, and to do all else which may be found 
necessary for the advancement of its humane design. ' 

§ 9. Adoption of seal. — They shall elect from their own num¬ 
ber a president, treasurer and secretary, together with such stand¬ 
ing committees as they may deem necessary, and adopt a com¬ 
mon seal for the institution. 

L. 1873, chap. 463, § 2. The board of trustees may elect a secretary, who 
shall serve during the pleasure of the board, and who shall not be a member 
thereof, and may fill any vacancy in the said office as often as the same shall 
occur, and may prescribe his duties and fix his compensation. 

§ 10. Treasurer. — The treasurer shall have the custody of all 
the funds of the institution, and pay out the same only upon 
properly authenticated orders of the board or its executive. com¬ 
mittee. Before entering upon the duties of his office he shall 
give a bond with at least two sureties to be approved as herein¬ 
after stated, to the people of the State of New York in the penal 
sum of twenty-five thousand dollars, conditioned for the faithful 
discharge of his trust, which bond shall be approved by the state 
treasurer of this State, in whose office the same shall be filed. 

§ 11. Superintendent. — The trustees shall have power to ap¬ 
point a competent and experienced superintendent, who shall be 
the- chief executive officer of the institution, together with an 
efficient corps of instructors and other subordinate officers; pre¬ 
scribe the duties and-terms of service of the same; fix and pay 
their salaries, and for just cause, remove any or all of them from 
office. They shall likewise employ the requisite number of ser¬ 
vants and other assistants in the various departments of the 
institution, and pay the wages of the same. 

§ 12. Furniture. — They shall purchase all furniture, appa¬ 
ratus and other supplies necessary to the equipment and carrying 
on of the institution in the most efficient manner. 

§ 13. Provision of clothing for those admitted to institution.— 

When any blind person shall, upon proper application, be ad- 

248 


Ch. in. 


STATE CHARITIES LAW. 


Art. i. 


The New York state school for the blind at Batavia. 

mitted into the institution, it shall be the duty of his or her 
parents, guardians or other friends, to suitably provide such 
person with clothing at the time of entrance and during con¬ 
tinuance therein, and likewise to defray his or her travelling 
expenses to and front the institution at the time of entrance and 
discharge, as well as at the beginning and close of each session 
of the school, and at any other time when it shall becomme neces¬ 
sary to send such person home on account of sickness or other 
exigency. And whenever it shall be deemed necessary by the 
trustees to have such person permanently removed from the insti¬ 
tution, in accordance with the by-laws and regulations thereof, 
the same shall be promptly removed upon their order, by his or 
her parents, guardians or other friends. 

§ 14. Neglect to provide the same. — If the friends of any 
pupil from within the State of New York shall fail, through 
neglect or inability, to provide the same with proper clothing or 
with funds to defray his or her necessary travelling expenses to 
and from the institution, or to remove him or her therefrom, as 
required in the preceding section, the trustees shall furnish such 
clothing, pay such travelling expenses, or remove such pupil to 
the care of the overseers of the poor of his or her township, and 
charge the cost of the same to the county to which the pupil be¬ 
longs; provided that the annual amount of such expenditures on 
account of any one pupil shall not exceed the sum of sixty dollars. 
And in case of the death of any pupil at the institution, whose 
remains shall not be removed or funeral expenses borne by the 
friends thereof, the trustees shall defray the necessary burial 
expenses, and charge the same to his or her county as aforesaid. 
Upon the completion of their course of training in the industrial 
department, the trustees may furnish to such worthy poor pupils 
as may need it, an outfit of machinery and tools for commencing 
business, at a cost not exceeding seventy-five dollars each, and 
charge the same to the proper county as aforesaid. [Thus 
amended by L. 1873, chap. 463, § 1.] 

§ 15. Itemized accounts against respective counties. — On the 

first day of October in each year, the trustees shall cause to be 
made out against the respective counties concerned, itemized 
accounts, separate in each case, of the expenditures authorized by 
the preceding section of this act, and forward the same to the 

249 


AliT.i. STATE CHARITIES LAW. Ch. ix. 

The New York state school for the blind at Batavia. 

board of supervisors chargeable with the account. The board 
shall thereupon direct the county treasurer to pay the amount 
so charged to the treasurer of the Institution for the Blind, on or 
before the first day of March next ensuing. 

§ 16. And payment of the same. — The counties against which 
the said accounts shall be made out as aforesaid shall cause their 
respective treasurers, in the name of their respective counties, to 
collect the same, by legal process, if necessary, from the parents 
or estates of the pupils who have the ability to pay, on whose 
account the said expenditures shall have been made; provided 
that at least five hundred dollars’ value of the property of such 
parent or estate shall be exempt from the payment of the accounts 
aforesaid. 

§ 17. Books gratuitously distributed by State. — The institution 
shall be entitled to receive copies of all books and other publica¬ 
tions which are distributed gratuitously by the State to township 
or county libraries, common schools, academies, colleges and 
societies. It may also receive, in the name of the State, bequests 
or donations of money or any kind of property, but such money 
or property shall in all cases belong to the State, and be subejct to 
its control; provided that the same shall not be diverted from 
the particular object for which it shall be bequeathed or donated. 

§ 18. Records of proceedings of board of trustees. — The board 
of trustees shall keep full and complete records of their proceed¬ 
ings, and make an annual report of the same to the legislature, 
at the commencement of the regular session thereof, strictly ac¬ 
counting in detail for their expenditures, on account of the insti¬ 
tution, during the preceding fiscal year, of the State, setting 
forth the progress and condition of the several departments of the 
institution, making such suggestions concerning its future man¬ 
agement as they may deem essential, and submitting proper esti¬ 
mates of the funds needed for its support, as well as for build¬ 
ing and all other purposes. 

§ 19. Payment of appropriations.— The State treasurer is here¬ 
by directed to pay over to the board of trustees, upon the warrant 
of the comptroller, all moneys which shall hereafter be appro¬ 
priated on account of the New York State Institution for the 

'250 


Ch. ix. . 


STATE CHARITIES LAW. 


Art. i. 


The New York state school for the blind at Batavia. 

Blind; the general appropriations for the currrent support of the 
institution, to be paid in equal quarterly installments, and specific 
appropriations for building and other purposes, to be paid when 
needed by the trustees. 

§ 20. Drafts upon the State.— All drafts upon the State treas¬ 
ury on behalf of the institution shall be based upon orders of the 
board of trustees, signed by the president and secretary of the 
same, and attested by the common seal of the institution. 

§ 21. Sections construed.— Sections nineteen and twenty of this 
act shall not be construed to alter, impair or affect the powers or 
duties of the building commissioners appointed under the pro¬ 
visions of chapter five hundred and eighty-seven, of the laws of 
eighteen hundred and sixty-five; and nothing in this act shall be 
construed to interfere with the erection of said building com¬ 
missioners of the State Institution for the Blind, in accordance 
with the plans heretofore approved by the governor, secretary of 
state and comptroller; and all moneys now or hereafter to be 
appropriated for the building of said institution, shall be paid 
to said building commissioners for that purpose. 

§ 22. Further powers of the institution.— The New York In¬ 
stitution for the Blind shall continue to have the custody, charge, 
maintenance and education of all such pupils as are now intrusted 
to them by the State, and of any others who may be appointed 
prior to the opening of the state institution at Batavia; and shall 
receive compensation from the State for the maintenance, educa¬ 
tion and support of said pupils in the same manner as is now, or 
has heretofore been provided, and shall receive the same amount 
per capita from the counties from which said pupils are respec¬ 
tively appointed as is now paid, for their clothing, until such 
period as the New A r ork State Institution for the Blind shall be 
ready to receive such pupils, and shall then, without reference 
to the term of years for which said pupils have been appointed 
under existing laws, and received by said New l r ork Institution 
for the Blind, transfer said pupils to said state institution; pro¬ 
vided, however, that they shall retain and continue to receive all 
pupils heretofore appointed or hereafter to be appointed, from 
the counties of New York and Kings under the appointment of 
the superintendent of public instruction, in like manner as is now 

251 


Akt. i. STATE CHARITIES LAW. Ch. ix. 

The New York state school for the blind at Batavia. 

provided by law, to be received, maintained and educated by the 
said New York Institution for the Blind, which shall be com¬ 
pensated for their maintenance and education by the State; and 
for their clothing by the counties from which they are appointed, 
in like manner as is now done. 

§ 23. Repeal. — All acts and parts of acts, inconsistent with 
the provisions of this act, are hereby repealed. 


252 


ARTICLE II. 


INSTITUTIONS FOR THE CARE AND INSTRUCTION OF DEAF-MUTES. 

L. 1854, Chap. 272 — An act in relation to the New York Insti¬ 
tution for the Instruction of the Deaf and Dumb. 

§ 1. Selection of pupils.— Every indigent, deaf and dumb per¬ 
son, resident of this State, between twelve and twenty-five years 
of age, whose parent or parents, or, if an orphan, whose nearest 
friend, shall have been a resident of this State for three years, and 
who may make application for that purpose, shall, until provision 
be made by law for his or her instruction in some other institu¬ 
tion or school, be received into the New York Institution for the 
Instruction of the Deaf and Dumb, provided his or her applica¬ 
tion for that purpose be first approved of by the superintendent 
of public instruction. 

§ 2. How supported.— Each indigent pupil, so received into 
the institution aforesaid, shall be provided with board, lodging 
and tuition; and the directors of the institution shall receive for 
each pupil so provided the sum of one hundred and fifty dollars 
per annum, in quarterly payments, to be paid by the treasurer of 
the state, on the warrant of the comptroller, to the treasurer of the 
said institution, on his presenting a bill of the actual time and 
number of pupils attending the institution, and which bill shall 
be signed and verified by the oath of the president and secretary 
of the institution. The regular term of instruction for such pu¬ 
pils shall be five years. The indigent pupils, provided for in this 
act, shall be designated state pupils, and all the existing provision* 
of law, applicable to state pupils now in said institution, shall 
apply to pupils herein provided for. 

§ 3. Superintendent may continue pupils for studies in higher 
branches.— It shall be lawful for the superintendent of public in¬ 
struction to continue at the said institution, for a period not ex¬ 
ceeding three years, for the purpose of pursuing a course of 
studies in the higher branches of learning, such pupils, not ex- 


Art. ii. 


STATE CHARITIES LAW. 


Cii. ix. 


Institutions for the care and instruction of deaf-mutes. 

ceeding twenty-four in number, as may have completed their 
full term of instruction, and who may be recommended by the 
directors of said institution. [Thus amended by L. 1885, 
chap. 58.] 

The remainder of this statute relates to the affairs of the corporation 
therein named. 

L. 1863, chap. 325 — An act to provide for the care and educa¬ 
tion of indigent deaf-mutes under the age of twelve years. 

§ 1. Deaf-mutes to be placed in State institution. — Whenever 
a deaf-mute child, under the age of twelve years, shall become a 
charge for its maintenance on any of the towns or counties of 
this state, or shall be liable to become such charge, it shall be the 
duty of the overseers of the poor of the town, or of the super¬ 
visors of such county, to place such child in the New York In¬ 
stitution for the Deaf and Dumb, or in the Institution for the 
Improved Instruction of Deaf-mutes, or in the Le Couteulx St. 
Mary’s Institution for the Improved Instruction of Deaf-mutes, 
in the city of Buffalo, or in the Central New York Institution for 
Deaf-mutes, in the city of Borne, or In any institution of the 
state for the education of deaf-mutes. [Thus amended by L. 
1875, chap. 213.] 

§ 2. Oil application of parents, etc.— Any parent, guardian or 
friend of a deaf-mute child within this state, over the age of six 
years and under the age of twelve years, may make application 
to the overseers of the poor of any town, or to any supervisor of 
the county where such child may be, showing by satisfactory af¬ 
fidavit, or other proof, that the health, morals or comfort of such 
child may be endangered, or not properly cared for, and there¬ 
upon it shall be the duty of such overseer or supervisor to place 
such child in the New York Institution for the Deaf and Dumb, 
or in the Institution for the Improved Instruction of Deaf-mutes, 
or in the Le Couteulx St. Alary’s Institution for the Improved 
Instruction of Deaf-mutes, in the city of Buffalo, or in the Cen¬ 
tral New York Institution for Deaf-mutes, in the city of Borne, 
or in any institution in the state for the education of deaf-mutes. 

| Thus amended by L. 1875, chap. 213.] 

§ 3. Expense.— The children placed in said institutions, in 
pursuance of the foregoing sections, shall be maintained therein 

254 


Ch. ix. STATE CHARITIES LAW. Art. ii. 

Institutions for the care and instruction of deaf-mutes. 

at the expense of the county from whence they came, provided 
that such expense shall not exceed three hundred dollars each 
per year, until they attain the age of twelve years, unless the 
directors of the institution to which a child has been sent shall 
find that such child is not a proper subject to remain in said in¬ 
stitution. [Thus amended by L. 1875, chap. 213.] 

§ 4. Id.— The expenses for the board, tuition and clothing for 
such deaf-mute children, placed as aforesaid in said institutions, 
not exceeding the amount of three hundred dollars per year, above 
allowed, shall be raised and collected as are other expenses of 
the county from which such children shall be received; and the 
bills therefore, properly authenticated by the principal or one 
of the officers of the institution, shall be paid to said institution 
by the said county; and its county treasurer or chamberlain, as 
the case may be, is hereby directed to pay the same on presenta¬ 
tion, so that the amount thereof may be borne by the proper 
county. [Thus amended by L. 1875, chap. 213.] 

L. 1864, chap. 386 — An act to amend an act entitled “ An act 
in relation to the New York Institution for the Instruction of 
the Deaf and Dumb,” passed April eighteenth, eighteen hum 
dred and thirty-eight. 

§ 1. Amendment. — The third section of the act entitled “ An 
act in relation to the New York Institution for the Instruction 
of the Deaf and Dumb,” passed April eighteenth, eighteen hun¬ 
dred and thirty-eight, is hereby amended so as to read as follows: 

§ 3. Money may be raised to clothe indigent pupils. — The su¬ 
pervisors of any county in this state from which county pupils 
may be selected, whose parents or guardians are unable to furnish 
them with suitable clothing, are hereby authorized and required 
to raise each year for this purpose, for each such pupils from 
said county, the sum of thirty dollars. 

L. 1870, chap. 180 — An act relative to the care and education of 

deaf-mutes. 

Section 1 amends L. 1863, chap. 325. 

§ 2. Expenses. — All provisions of law now existing, fixing the 
expense of the board, tuition and clothing of children under 

255 


Akt. ii. 


STATE CHARITIES LAW. 


Ch. ix. 


Institutions for the care and instruction of deaf-mutes. 

twelve years placed in the New York Institution for the Instruc¬ 
tion of the Deaf and Dumb, shall apply to children who may, from 
time to time, be placed in the said Instution for the Improved 
Instruction of Deaf-mutes, in the same manner, and with the 
like effect, as of said last-mentioned institution had also origin¬ 
ally been named in the acts fixing such compensation, and as if 
said acts had provided for. the payment thereof to the institution 
last-mentioned, and the bills therefor properly authenticated by 
the principal or one of the officers of the said last-mentioned in¬ 
stitution shall be paid to said institution by the counties respec¬ 
tively from which such children were severally received, and the 
county treasurer or chamberlain, as the case may be, is hereby 
directed to pay the same on presentation, so that the amount 
thereof may be borne by the proper county. 

§ 3. Application of prior act. — Sections nine and ten of title 

one of an act entitled “ An act to revise and consolidate the 
gneral acts relating to public instruction/’ passed May second, 
eighteen hundred and sixty-four, are hereby amended so that the 
same shall extend and apply to the said “ Institution for the Im¬ 
proved Instruction of Deaf-Mutes,” in the like manner, and with 
the like effect, as if said last-mentioned institution, as well as the 
others therein mentioned, had originally been named in the said 
sections respectively. 

L. 1874, chap. 253 — An act relative to the care and education of 
deaf-mutes. 

§ 1. Application by parent, guardian, etc.; duty of supervisor.— 

Any parent, guardian or friend of any deaf-mute child within 
this state, over the age of six years and under the age of twelve 
years, may make application to the supervisor of the town or city 
where such child may be for a permit or order to place such child 
in the New York Institution for the Deaf and Dumb or in the 
Institution for the Improved Instruction of Deaf-Mutes, or in 
any of the deaf-mute institutions of this state, and it shall be the 
duty of such supervisor, if in his judgment the means of the 
child, or the parents or parent of such child, will not enable them 
to defray the expense in a public institution, to grant such permit 
or order and to cause such child to be received and placed in 
such one of the institutions of this state for the education of deaf- 
mutes, as the said supervisor shall select. 

256 


Ch. ix. STATE CHARITIES LAW. Art. ii. 

Institutions for the care and instruction of deaf-mutes. 

L. 1876, chap. 331—An act in relation to the Western New 
York Institution for Deaf-Mutes. 

§ 1. Reception of pupils. — The Western New York Institution 
for Deaf-Mutes, at Rochester, is hereby authorized to receive deaf 
and dumb persons between the ages of twelve and twenty-five 
years, eligible to appointment as state pupils, and who may be ap¬ 
pointed to it by the superintendent of public instruction, and the 
superintendent of public instruction is authorized to make ap¬ 
pointments to said institution in the same manner and upon the 
same conditions as to the New York Institution for the Instruc¬ 
tion of the Deaf and Dumb. 

§ 2. Powers of supervisors, etc. — Supervisors of towns and 
wards and overseers of the poor are hereby authorized to send 
to the Western New York Institution for Deaf-Mutes, deaf 
and dumb persons between the ages of six and twelve years, in the 
same manner and upon the same conditions as such persons may 
be sent to the New York Institution for the Instruction of the 
Deaf and Dumb, under the provisions of chapter three hundred 
and twenty-five of the laws of eighteen hundred and sixty-three. 

L. 1884, chap. 275 — An act in relation to the Northern New 

York Institution for Deaf Mutes, at Malone, New York. 

§ 1. Institution may receive pupils, etc. — The Northern New 
York Institution for Deaf-Mutes, at Malone, is hereby authorized 
to receive deaf and dumb persons, between the ages of twelve 
and twenty-five years, eligible to appointment as state pupils, 
and who may be appointed to it by the superintendent of public 
instruction, and the superintendent of public instruction is au¬ 
thorized to make appointments to the aforesaid institution. 

§ 2. Supervisors, etc., may send pupils under provisions of law 
named. — Supervisors of towns and wards and overseers of the 
poor are hereby authorized to send to the Northern New York In¬ 
stitution for Deaf-Mutes, deaf and dumb persons between the 
ages of six and twelve years, under the provisions of chapter 
three hundred and twenty-five of the laws of eighteen hundred 
and sixty-three, as amended by chapter two hundred and thirteen 
of the laws of eighteen hundred and seventy-five. Provided that 
17 257 


Art. ii. 


STATE CHARITIES LAW. 


Ch. ix. 


Institutions for the care and instruction of deaf-mutes. 

before any pupils are sent to said institution the board of state 
charities shall have made and filed with the superintendent of 
public instruction a certificate to the effect that said institution has 
been duly organized and is prepared for the reception and in¬ 
struction of such pupils. 


258 



ARTICLE III. 


APPOINTMENTS OF PUPILS TO BE MADE BY SUPERINTENDENT OF 
PUBLIC INSTRUCTION. 

Consolidated School Law. 

[L. 1894, chap. 556, tit. xv, art. 14.] 

§ 40. Institution subject to visitation by superintendent of pub¬ 
lic instruction. — All the institutions for the instruction of the deaf 
and dumb, and blind, and all other similar institutions, incor¬ 
porated under the laws of the state, or that may be hereafter in¬ 
corporated, shall be subject to the visitation of the superintend¬ 
ent of public instruction, and it shall be his duty: 

1. To inquire, from time to time, into the expenditures of 
each institution, and the systems of instruction pursued therein, 
respectively. 

2. To visit and inspect or cause to be visited and inspected, 
the schools belonging thereto, and the lodgings and accommoda¬ 
tions of the pupils. 

3. To ascertain by comparison with other similar institu¬ 
tions, whether any improvements in instruction and discipline 
can be made; and for that purpose to appoint, from time to time, 
suitable persons to visit the schools. 

4. To suggest to the directors of such institutions and to the 
legislature such improvements as he shall judge expedient. 

5. To make an annual report to the legislature on all 
the matters before enumerated, and particularly as to the condi¬ 
tion of the schools, the improvement of the pupils, and their treat¬ 
ment in respect to board and lodging. 

§ 41. Appointments of pupils to institutions. — All deaf and 
dumb persons resident in this state and upwards of twelve years 
of age, who shall have been resident in this state for three years 
immediately preceding the application, or, if a minor, whose par¬ 
ent or parents, or, if an orphan, whose nearest friend, shall have 
been resident in this state for three years immediately preceding 
the application, shall be eligible to appointment as state pupils in 

259 


Akt. hi. STATE CHAKITIES LAW. Ch. is. 

Appointment of pupils made by supt. of public instruction. 


one of the deaf and dumb institutions of this state, authorized 
by law to receive such pupils; and all blind persons of suitable age 
and similar qualifications shall be eligible to appointment to the 
institutions for the blind in the city of New York or in the village 
of Batavia, as follows: All such as are residents of the counties 
of New York, Kings, Queens, Suffolk, Richmond, Westchester, 
Putnam and Rockland, shall be sent to the institution for the 
blind in the city of New York; those who reside in other coun¬ 
ties of this state shall be sent to the institution for the blind in the 
village of Batavia. All such appointments with the exception of 
those to the institution for the blind in the village of Batavia, 
shall be made by the superintendent of public instruction upon 
application, and in those cases in which, in his opinion, the par¬ 
ents or guardians of the applicants are able to bear a portion of 
the expense, he may impose conditions whereby some propor¬ 
tionate share of expense of educating and clothing such pupils shall 
be paid by their parents, guardians or friends, in such manner 
and at such times as the superintendent shall designate, which 
conditions he may modify from time to time, if he shall deem 
it expedient to do so. 

§ 42. Support and instruction of pupils.— Each pupil so re¬ 
ceived into either of the institutions aforesaid shall be provided 
with board, lodging and tuition; and the directors of the institu¬ 
tion shall receive for each pupil so provided for, the sum of 

dollars per annum, in quarterly payments, to be paid by 
the treasurer of the state, on the warrant of the comptroller, 
to the treasurer of said institution, on his presenting a bill show¬ 
ing the actual time and number of such pupils attending the in¬ 
stitution, and which bill shall be signed by the president and 
secretary of the institution, and verified by their oaths. The 
regular term of instruction for such pupils shall be for five 
years; but the superintendent of public instruction may, in his 
discretion, extend the term of any pupil for a period not exceed¬ 
ing three years. The pupils provided for in this and the preced¬ 
ing section of this title shall be designated state pupils; and all 
the existing provisions of law applicable to state pupils now 
in said institutions shall apply to pupils herein provided for. 

§ 43. Admisssion; regulations.— The superintendent of public 
instruction may make such regulations and give such directions 
to parents and guardians, in relation to the admission of pupils 
into either of the above-named institutions, as will prevent pupils 
entering the same at irregular periods. 

2 GO 


CHAPTER TEX. 


THE STATUTORY CONSTRUCTION LAW. 

As Amended by the Commencement of the Legislative Session of 1897. 


Laws 189:2, cliap. 677 — An act relating to the construction of 
statutes, constituting chapter one of the general laws. 

[Became a law May 18, 1892, taking effect immediately.] 

CHAPTER I OF THE GEXERAL LAWS. 

THU STATUTOEY COXSTEUCTIOX LAW. 


§1. Short title; extent of application. 
§2. Property. 

§3. Real property. 

§4. Personal property. 

§5. Person. 

§6. Judge. 

§7. Lunacy; idiocy. 

§8. Gender; number; tense. 

§9. Heretofore; hereafter; now. 

§10. Last; preceding; next; follow¬ 
ing. 

§11. Folio. 

§12. Writing; signature. 

§13. Seal. 

§14. Oath; affidavit; swear. 

§15. Acknowledge; acknowledgement. 
§16. Bond: undertaking. 

§17. Choose; elect; appoint. 

§1S. Board composed of one person. 
§19. Meeting; quorum; powers and 
majority. 

§20. Service of notice upon board or 
body. 

[Thus amd. by Laws 1894. chap. 


821. Countv clerk; register. 

§22. Village. 

§23. State. 

§24. Public holiday; half-holiday. 

§25. Year. 

§26. Month. 

§27. Day; mode of computing days; 
night-time. 

§28. Standard time. 

§29. Civil and criminal codes. 

§30. Laws of England and of the col¬ 
ony of Xew York. 

§31. Limiting the effect of repealing 
statutes. 

§32. Effect of repeal and re-enact¬ 
ment. 

§33. Effect of revision upon laws 
passed at the same session or 
before revision takes effect. 

§34. Alterations of titles and head- 
notes. 

§35. Laws repealed. 

§36. Time of taking effect. 

448. See § 34 hereof.] 


§ 1, Short title; extent of application. — This chapter shall be 
known as the Statutory Construction Law, and is applicable to 
every statute unless its general object, or the context of the lan¬ 
guage construed, or other provisions of law indicate that a differ¬ 
ent meaning or application was intended from that required to 
be given by this chapter. 

See note to section 31 hereof, and note in 29 Abb. X C. 146. 

261 


Ch. x. 


§§ 2-9 THE STATUTORY CONSTRUCTION LAW. 

Definitions. 

§ 2. Property. — The term property'includes real and personal 
property. 

§ 3. Real Property. — The term real property includes real es¬ 
tate, lands, tenements and hereditaments, corporeal and incor¬ 
poreal. 

§ 4. Personal property. — The term personal property includes 
chattels, moneys, things in action, and all written instruments 
themselves, as distinguished from the rights or interests to which 
they relate, by which any right, interest, lien or incumbrance in, 
to or upon property, or any debt or financial obligation is 
created, acknowledged, evidenced, transferred, discharged or de¬ 
feated, wholly or in part, and everything, except real property, 
which may be the subject of ownership. The term chattels in¬ 
cludes goods and chattels. 

§ 5. Person. — The term person includes a corporation and a 
joint-stock association. When used to designate a party whose 
property may be the subject of any offense, the term person also 
includes the state, or any other state, government or country 
which may lawfully own property in the state. 

§ 6. Judge. — The term judge includes every judicial officer 
authorized, alone or with others, to hold or preside over a court 
of record. 

§ 7. Lunacy; idiocy. — The terms lunatic and lunacy include 
every kind of unsoundness of mind except idiocy. 

For definition of insanity as a defense to crime, see Penal Code, §§ 20-22. 

§ 8. Gender; number; tense.— Words of the masculine gender 
include the feminine and the neuter, and may refer to a corpora¬ 
tion, or a board or other body or assemblage of persons; and, 
when the sense so indicates, word of the neuter gender may refer 
to any gender. The term men includes boys and the term women 
includes girls. 

Words in the singular number include the plural and in the 
plural number include the singular. 

Words in the present tense include the future. 

§ 9. Heretofore; hereafter; now.— Each of the terms, hereto¬ 
fore, and hereafter, in any provision of a statute, relates to the 

262 


Ch.S. the statutory CONSTRUCTION LAW. §§ 10-13 

Definitions. 

time such provision takes effect. The term now in any provision 
of a statute referring to other laws in force, or to persons in 
office, or to any facts or circumstances as existing, relates to 
the laws in force, or the person in office, or to the facts or cir¬ 
cumstances existing, respectively, immediately before the taking 
effect of such provision. 

§ 10. Last; preceding; next; following.— A reference to the 
last or preceding section, or other provisions of a statute, means 
the section or other division immediately preceding, and a refer¬ 
ence to the next or following section or other division of a statute 
means the section or other division immediately following. 

§ 11. Folio.— A folio is one hundred words, counting as a 
word each figure necessarily used. 

§ 12. Writing; signature.— The terms writing and written in¬ 
clude every legible representation of letters upon a material sub¬ 
stance, except when applied to the signature of an instrument. 
The term signature includes any memorandum, mark or sign, 
written or placed upon any instrument or writing with intent to 
execute or authenticate such instrument or writing. 

§ 13. Seal.— The private seal of a person, other than a cor¬ 
poration, to any instrument or writing, shall consist of a wafer, wax 
or other similar adhesive substance affixed thereto, or of paper 
or other similar substance affixed thereto, by mucilage or other 
adhesive substance, or of the word “ seal,” or the letters “ L. 
S.,” opposite the signature. 

A seal of a court, public officer or corporation may he impressed 
directly upon the instrument or writing to be sealed, or upon 
wafer, wax or other adhesive substance affixed thereto, or upon 
paper or other similar substance affixed thereto by mucilage or 
other adhesive substance. An instrument or writing duly exe¬ 
cuted, in the corporate name of a corporation, which shall not 
have adopted a corporate seal, by the proper officers of the 
corporation under their private seals, shall be deemed to have been 
executed under the corporate seal. 

As to what constituted a seal at common law, and when equity before this 
statute would treat “ L. S.,” etc., as a seal, see Barnard v. Gantz, 140 N. Y. 
249; Town of Solon v. Williamsburgh Bank, 114 id. 122. 


263 


§§ 14-17 THE STATUTORY CONSTRUCTION LAW. Ch. x. 

Oaths, acknowledgment, etc. 

§ 14. Oath; affidavit; swear.— The terms oath and affidavit in¬ 
clude every mode authorized by law of attesting the truth of that 
which is stated. 

The term swear includes every mode authorized by law for 
administering an oath. When an affidavit is authorized or re¬ 
quired it may he sworn to before any officer authorized by law to 
take the acknowledgment of deeds in this state, unless a par¬ 
ticular officer is specified before whom it is to be taken. 

For definitions of these terms for the purposes of perjury, see Penal Code, 
§ 97. Any verified pleading or other paper is an affidavit within the mean¬ 
ing of the Civil Code. See § 3343, subd. 11. As to mode of administering 
oaths, etc., see Civil Code, §§ 842-851. As to what officers may take ac¬ 
knowledgments of deeds in this state, see note to next section. 

§ 15. Acknowledge; acknowledgment.— When the execution of 
any instrument or writing is authorized or required by law to 
be acknowledged, or to be proven so as to entitle it to be filed or 
recorded in a public office, the acknowledgment may be taken 
or the proof made before any officer then and there authorized to 
take the acknowledgment or proof of the execution of a deed of 
real property to entitle it to be recorded in a county clerk’s 
office, and shall be made and certified in the same manner as 
such acknowledgment or proof of such deed. 

The term acknowledge and acknowledgment, when used with 
reference to the execution of an instrument or writing other than 
a deed of real property, includes a compliance with the provisions 
of this section by either such proof or acknowledgment. 

[As to requirements of acknowledgments, see R. S. part II, chap. 3, 
§§ 9, 12, 15. 

The following officers may take acknowledgments within the state: 

Notaries public. Executive Law (Laws 1892, chap. 683,) § 85, as amended 
by Laws 1894, chap. 88. 

Commissioners of deeds. Executive Law (Laws 1892, chap. 683), § 88, 
as amended by Laws 1894, chap. 88. 

Justices of the peace. Laws 1840, chap. 238, § 1. 

Mayors, recorders and judges of courts of record. R. S. part II, chap. 
3, § 4, subd. 1. 

Surrogates. Laws 1884, chap. 300.] 

§ 16. Bonds; undertaking.—A provision of law authorizing or 
requiring a bond to be given shall be deemed to have been com¬ 
plied with by the execution of an undertaking to the same effect. 

§ 17. Choose; elect; appoint. — The term choose includes elect 
and appoint. 


264 


Ch.X. THE STATUTORY CONSTRUCTION LAW. §§ 18-21 

Board, meeting, etc. 

§ 18. Board composed of one person.— A reference to several 
officers of a muncipal corporation holding the same office, or to 
a board of such officers, shall be deemed to refer to the single 
officer holding such office, when hut one person is chosen to fill 
such office in pursuance of law. 

§ 19. Meeting; quorum; powers of majority.— Whenever three 
or more public officers are given any power or authority, or three 
or more persons are charged with any public duty to be per¬ 
formed or exercised by them jointly or as a board or similar 
body, a majority of all such persons or officers at a meeting duly 
held at a time fixed by law, or by any by-law duly adopted by 
such board or body, or at any duly adjourned meeting of such 
meeting or at any meeting duly held upon reasonable notice to 
all of them, may perform and exercise such power, authority or 
duty, and if one or more of such persons or officers shall have 
died or have become mentally incapable of acting, or shall refuse 
or neglect to attend any such meeting, a majority or* the whole 
number of such persons or officers shall he a quorum of such hoard 
or body, and a majority of a quorum, if not less than a majority 
of the whole number of such persons or officers may perform 
and exercise any such power, authority or duty. Any such meet¬ 
ing may be adjourned by a less number than a quorum. A re¬ 
cital in any order, resolution or other record of any proceeding 
of such meeting, that such meeting had been so held or ad¬ 
journed, or that it had been held upon such notice to the mem¬ 
bers, shall be presumptive evidence thereof. 

§ 20. Service of notice upon body or board.— When a notice is 
required to be given to a board or body, service of such notice 
upon the clerk or chairman thereof shall be sufficient. 

§ 21. County clerk; register.— Any act done in pursuance of 
law by the register of a county shall be deemed to he a compliance 
with any provision of law authorizing or requiring such act 
to be done by the county clerk of such county, and any instrument 
or writing filed, entered or recorded in pursuance of law in the 
office of a register of a county, shall be deemqd to be a compliance 
with any provision of law authorizing or requiring such paper to 
be filed, entered or recorded, as the case may be, in the office of 
the clerk of such county. 


So in the original. 

265 


22-25 THE STATUTORY CONSTRUCTION LAW. Ch. x. 

Village, public holiday, etc. 

§ 22. Village.— The term village means an incorporated vil¬ 
lage. 

§ 23. State; territory.— The term State, when used generally 
to include every state of the United States, includes also every 
territory of the United States and the District of Columbia. 
The term territory when used generally to include every territory 
of the United States, includes also the District of Columbia. 

§ 24. Public holiday; half holiday.— The term holiday includes 
the following days in each year: The first day of January, 
known as New l r ear’s day; the twelfth day of February, known 
as Lincoln’s birthday; the twenty-second day of February, known 
as Washington’s birthday; the thirtieth day of May, known as 
memorial day; the fourth day of July, known as independence 
day; the first Monday of September, known as labor day, and the 
twenty-fifth day of December, known as Christmas day, and if 
either of such days is Sunday, the next day thereafter; each gen¬ 
eral election day and each day appointed by the president of the 
United States or by the governor of this State as a day of general 
thanksgiving, general fasting and prayer, or other general relig¬ 
ious observances. 

The term half-holiday includes the period from noon to mid¬ 
night of each Saturday which is not a holiday. The days and half¬ 
days aforesaid, shall be considered as the first day of the week, 
commonly called Sunday, and as public holidays or half-holidays 
for all purposes whatsovere as regards the transaction of business 
in the public offices of this State, or counties of this State. On all 
other days and half days, excepting Sundays, such offices shall be 
kept open for the transaction of business. An act to be done on a 
holiday can be done on day following with legal effect. 

L. 1902, chap. 39. 

§ 25. Year.— Time shall continue to be computed in this 
state according to the Gregorian or new style. The first day of 
each year after the year 1752 is the first day of January, accord¬ 
ing to such style. For the purpose of computing and reckoning 
the days of the year in the same regular course in the future, 
every year, the number of which in the Christian era is a mul¬ 
tiple of four, is a bisextile or leap year consisting of three 
hundred and sixty-six days, unless such number of the year is 
a multiple of one hundred and the first two figures thereof treated 

266 


CH.5. THE STATUTORY CONSTRUCTION LAW. §§ 2G-27 

Month, days. 

as a separate number is not a multiple of four, and every year 
which is not a leap year is a common year consisting of three 
hundred and sixty-five days. 

The term year in a statute, contract, or any public or private 
instrument, means three hundred and sixty-five days, but the 
added day of a leap year and the day immediately preceding shall 
for the purpose of computation be counted as one day. 

In a statute, contract or public or private instrument, the term 
year means twelve months, the term half-year, six months and 
the term a quarter of a year, three months. 

Years held to consist of 365 days as to a transaction when the R. S. to 
that effect was in force. 

Hall v. Brennan, 140 N. Y. 409. 

§ 26. Month.— In a statute, contract or public or private in¬ 
strument, unless otherwise provided in such contract or instru¬ 
ment, or by law, the term month means a calendar month and 
not a lunar month. A number of months after or before a cer¬ 
tain day shall be computed by counting such number of calendar 
months from such day, exclusive of the calendar month in which 
such day occurs, and shall include the day of the month in the 
last month so counted having the same numerical order in days 
of the month as the day from which the computation is made, 
unless there be not so many days in the last month so counted, 
in which case the period computed shall expire with the last day 
of the month so counted. 

§ 27. Days; mode of computing days; night-time.— A calendar 
day includes the time from midnight to midnight. Sunday or 
any day of the week specifically mentioned means a calendar 
day. A number of days specified as a period from a certain 
day within which or after or before which an act is authorized 
or required to be done means such number of calendar days ex¬ 
clusive of the calendar day from which the reckoning is made. 
Sunday or a public holiday, other than a half-holiday, must be 
excluded from the reckoning if it is the last day of any such 
period, or if it is an intervening day of any such period of two 
days. In computing any specified number of days, weeks or 
months from a specified event, the day upon which the event 
happens is deemed the day from which the reckoning is made. 
The day from which any specified number of days, weeks or 
months of time is reckoned shall be excluded in making the 

267 


§§ 28-31 THE STATUTORY CONSTRUCTION LAW. Ch.x. 

Standard time, civil codes, etc. 


reckoning. Night-time includes the time from sunset to sunrise. 
[Thus amended by L. 1894, chap. 447, taking effect May 3, 1894.] 

§ 28. Standard time.— The standard time throughout this 
state is that of the seventy-fifth meridian of longitude west from 
Greenwich, and all courts and public officers, and legal and 
official proceedings, shall be regulated thereby. Any act re¬ 
quired by or in pursuance of law to be performed at or within 
a prescribed time, shall be performed according to such standard 
time. 

§ 29. Civil and Criminal Codes.— The term Civil Code means 
the Code of Civil Procedure. The term Criminal Code means 
the Code of Criminal Procedure. 

§ 30. Laws of England and of the colony of New York.— A 

statute of England or of Great Britain shall not be deemed to 
have had any force or effect in this state since May first, seven¬ 
teen hundred and eighty-eight. Acts of the legislature of the 
colony of New York shall not be deemed to have had any force 
or effect in this state since December twenty-ninth, eighteen 
hundred and twenty-eight. 

The resolutions of the Congress of such colony and of the 
convention of the State of New York, shall not be deemed to 
he the laws of this State hereafter. 

§ 31. Limiting the effect of repealing statutes.— The repeal 
hereafter or by this chapter of any provision of a statute, 
which repeals any provision of a prior statute, does not revive 
such prior provision. The repeal hereafter or by this chapter 
of any provision of a statute, which amends a provision of a prior 
statute, leaves such prior provision in force unless the amenda¬ 
tory statute be a substantial re-enactment of the statute amended. 
The repeal of a statute or part hereof shall not affect or impair 
any act done or right accruing, accrued, or acquired, or liability, 
penalty, forfeiture or punishment incurred prior to the time such 
repeal takes effect, but the same may be asserted, enforced, prose¬ 
cuted or inflicted, as fully and to the same extent as if such 
repeal had not been effected; and all actions and proceedings, civil 
or criminal, commenced under or by virtue of any provision of 
a statute so repealed, and pending immediately prior to the tak- 

268 


Ch.x. the STATUTORY CONSTRUCTION LAW. §§ 33-33 


Effect of repeal, etc. 

ing effect of such repeal, may be prosecuted and defended to final 
effect in the same manner as they might if such provisions were 
not so repealed. 

Before the enactment of this section it was held that the repeal of a re¬ 
pealing act revived the act repealed. 

Guard v. Holt, 136 N. Y. 30. 

In the case of Ottman v. Hoffman, 7 Mist*. 714, this doctrine is applied 
notwithstanding the provisions of this section. In this case the court held 
that the omission in the repealing schedule of the General Corporation Law 
of 1892, chap. 687, of a statute included in the repealing schedule of the 
Stock Corporation Law of 1890, chap. 564, revived the statute so omitted, 
the repeal of which was thereby repealed. 

The tneory of this decision is that because this act, the Statutory Con¬ 
struction Law, was passed at the same session as the repealing act of 1892, 
the following section 33 precludes this section 31 of the Statutory Con¬ 
struction Law from affecting other statutes passed at the same session. 

As to the effect, before the statute, of an act repealing an amendatory 
act, see People v. Wilmerding, 136 N. Y. 363; White v. Inebriates’ Home, 141 
id. 123. A law put in the form of an amendment of a law which has to 
have been upheld and given effect when it has come before the court for 
construction. Legislatures have been held to have legislated in view of the 
existing general saving clause, and where no provision is made in a repealing 
act, it has been deemed applicable thereto and as a part thereof. 


§ 32. Effect of repeal and re-enactment.— The provisions of a 
law repealing a prior law, which are substantial re-enactments 
of provisions of the prior law, shall be construed as a continua¬ 
tion of such provisions of such prior law, and not as new enact¬ 
ments. If any provision of a law be repealed and, in substance, 
re-enacted, a reference in any law to such repealed provision shall 
be deemed a reference to such re-enacted provisions. [Thus 
amended by L. 1894, chap. 448, taking effect May 3, 1894.] 

As to the continuous character of revision with repeal and re-enactment, 
see Matter of Prime, 136 N. Y. 347; People ex rel. Ulrich v. Bell, 24 St. 
Rep. 114. 

§ 33. Effect of revision upon laws passed at same session or be¬ 
fore revision takes effect. — No provision of any chapter of the re¬ 
vision of the general laws, of which this chapter is a part, shall 
supersede or repeal by implication any law passed at the same 
session of the legislature at which any such chapter was enacted, 
or passed after the enactment of any such chapter and before it 
shall have taken effect ; and an amendatory lay passed at such 
session or at any subsequent session begun before any such chap¬ 
ter takes effect, shall not be deemed repealed, unless specifically 
designated in the repealing schedule of such chapter. 


239 


§ 34-36 THE STATUTORY CONSTRUCTION LAW. Ch. x. 

Alteration of titles, etc. 


§ 34. Alterations of titles and headnotes. — If the title of any 
article or other division of a statute, or the headnote of a section 
shall be amended or repealed in the body of the statute, or if a 
new article or other division having a title, or a new section hav¬ 
ing a new headnote be added to a statute, the corresponding title 
or headnote, if any, in an abstract of contents at the beginning 
of the article or other division of the statute shall be deemed to 
be correspondingly amended or repealed although there be no 
express reference thereto. 


§ 35. Laws repealed. — Of the laws enumerated in the schedule 
hereto annexed, that portion specified in the last column is re¬ 
pealed. 


§ 36. Time of taking effect. — This 
immediately. 


chapter shall take effect 
Sections repealed. 


Revised Statutes, part I, chapter 8, title 8. 16. 

Revised Statutes, part I, chapter 19, title 1. 1, 2, 3, 4, 5. 

Revised Statutes, part II, chapter 4, title 2. 3. 

Revised Statutes, part II, chapter 4, title 3. 9. 

Revised Statutes, part III, chapter 8, title 17. 27. 

Revised Statutes, part III, chapter 10, title 4. 4. 

Revised Statutes, part IV, chapter 2, title 8. 16. 

Laws 1828, second meeting, 51st session, chapter 20. 9, 10, 11. 

Laws 1828, second meeting, 51st session, chapter 21. 3 and 4. 

Laws 1857, chapter 536. 3. 

Laws 1874, chapter 321. y . All. 

Laws 1877, chapter 466. 27. 

Laws 1884, chapter 14. All. 

Laws 1886, chapter 21. 20. 

Code of Civil Procedure. 29, 788, 960 and 


subdivisions 6. 7. 
8, 15, 17, 21, 22, 
23 and 24 of sec¬ 


tion 3343. 


Code of Criminal Procedure. 955, 956, 957. 

Penal Code ... 261, 500 and sub¬ 


divisions 9. 10. 

11. 12, 13. 14 

and 15 of section 
718. 


270 



















INDEX TO FORMS 


ACCOUNT — PAGE, 

of overseer . 14 

APPLICATION — 

for admission of pupils. 130 

for burial of soldiers. 135 

for headstone, etc. 137 

APPOINTMENT — 

to till vacancy. 5 

COMPROMISE — 

with putative father. 90 

CERTIFICATE — 

by town board. 23 


DECISION — 

by superintendent or settlement. 70 

NOTICE — 

by one town to another. 68 

by overseer as to settlement. 69 

by superintendent for support. 72 

of improper removal. 75 

of denial of removal. 77 

ORDER — 

for relief of poor. 9 

to pay expenses. 10 

of supervisor . 11 

of county superintendent. 11 

for supplies . 13 

OVERSEER — 

account of . 14 

appointment in vacancy. 5 

RESIGNATION — 

notice of . 5 

REPORT — 

to board of supervisor. 19 

SOLDIERS — 

burial of, etc. 135 

UNDERTAKING — 

of overseer of the poor. 4 

of county superintendent. 36 

VACANCY— 

of appointment to fill. 5 


271 






































INDEX 


A. 

ABANDONMENT — page. 

of wives and children, how punished. 166 

ABSCONDING FATHER OR MOTHER — 

of bastard, proceedings against. 94 

of children, property of, to be seized. 102 

ACCOUNTS — 

for services relating to county poor audited by superintendent.... 38 

of superintendents, to be rendered to board of supervisors. 38 

to be furnished to county treasurer by superintendents of the poor. 42 

of overseer, to be settled once in three months. 12 

to be audited by town board. 13 

audited by overseers, to be verified. 13 

books of, to be kept by overseer. 13 

of town officers in relation to poor to be audited by town board. ... 15 

of guardians . 28 

ACTIONS — 

by town officers to be in name of the town. 77 

for unlawful removal, how brought. 78 

on order for payment of sum for support of bastard. 97 

to compel support of poor persons by relatives. 31 

against counties, etc., for support of convicts at Matteawan State 
Hospital . 119 

ADOPTION — 

of children from charitable institutions. 240 

abrogation of . 240 

AFFIDAVITS — 

superintendents of the poor may take. 38 

AGED AND MENTALLY ENFEEBLED — 

institutions for, license of. 233 

admission to . 233 

discharge of patient of. 233 

ALIEN POOR — 

duties of state board of charities as to. 178 

ALMS-HOUSES — 

definition . 37 

powers of superintendent as to. 37 

superintendent to be keeper of. 37 

officers and employes. 38 

furniture and supplies for. 38 

appointment of superintendent as keeper of. 41 

pestilence or disease within. 42 

removal of inmates on account of. 42 

273 


18 































INDEX. 


ALMS-HOUSES (Continued). page. 

removal of poor persons to, by overseer. 42 

order of, what to contain. 42 

expense of, to be paid by county treasurer. 43 

temporary relief before removal to. 43 

children born in, do not gain a settlement. Ob 

residence of poor person in, not a settlement. 66 

poor children under sixteen not to be committed to. 81 

removal of bastard and mother to. 90 

state, what are. 50 

notice to county clerks of location of. 50 

state poor to be conveyed to. 51 

punishment of inmate for leaving. 51 

expense of maintenance of state poor at, how paid. 52 

keeper of, to keep record of state poor. 52 

visitation of, by superintendent of state and alien poor. 52 

removal of insane inmates of. 52 

transfer of inmates of, to other state or county. 52 

Indian poor persons in, support of. 53 

accounts for support of, in. 53 

record of, to be kept by keepers.. 53 

visitation and inspection of, by state board of charities. 54 

investigation of, by state board of charities. 54 

proceedings and orders thereon. 54 

built or reconstructed on plans approved by state board of charities 55 

visitations by State Charities Aid Association. 177 

relief in counties having. S 

APPEALS — 

to county court from decision of superintendent. 73 

in bastardy cases, who may. 102 

undertaking on . 102 

how taken . 103 

papers to be transmitted to county court. 103 


APPLICATION — 

for relief in counties having alms-houses. 

in counties having no alms-houses. 

to magistrate to inquire into case of bastardy. 

for order to support poor persons by relative. 

costs on, by whom paid. 

for appointment of committee of incompetent person, 
when incompetent person is confined in institution 
by superintendents and overseers of the poor.... 
to be by petition. 

ASYLUM — 

for feeble-minded women. 

for nnteachable idiots. 

ATTORNEY-GENERAL — 

duties of, in investigation of alms-house. 

conduct of investigations of charitable institutions by 

AUCTION — 

care of poor persons not to be put on auction. 


8 

12 

93 

164 

165 
119 
119 
121 
121 


194 

194 


55 

177 


24 


BASTARDS — 


B. 


mother of, penalty for unlawfully removing 

how supported during confinement. 

and mothers, deemed poor persons. 

how supported . 


85 

85 

86 
86 


274 


















































INDEX. 

' BASTARDS (Continued). page. 

not to be removed without consent of mother. 8G 

when county chargeable overseers to notify superintendents... 80 

duty of superintendents. 87 

duty of overseers. 87 

overseers to support whether chargeable or not. 87 

moneys received for support, how applied and accounted for. 87 

chargeable to county, moneys collected for, to be paid into county 

treasury . 88 

disputes concerning settlement of, how determined. 88 

chargeable to another town, proceedings to compel support of. 88 

order of supervisor, for support of. 89 

and mother, when removed to county alms-house. 89 

compromise with father of, by superintendent or overseer. 90 

mother of. may receive money on compromise.90-91 

definition of . 92 

liability for support of. 92 

application to inquire into facts relating to birth of. 93 

examination to ascertain father of. 94 

warrant apprehending father of. 94 

undertaking of father of, when arrested in another county. 94 

father of, determination as to. 95 

undertaking of, for support or for appearance at county court. 95 

on giving undertaking to be discharged. 95 

commitment of, for failure to give undertaking. 95 

during examination . 95 

mother of, commitment for failure to disclose father. 100 

support of, by, order to compel. 101 

commitment of, for disobeying order. 101 

undertaking of, to support bastard. 101 

reduction of amount to be paid for support of. 102 

proceedings against absconding father or mother of. 102 

if still-born, father to be discharged. 104 

court to inquire into circumstances of father or mother. 107 

discharge of father or mother unable to support. 107 

notice before an examination. 108 

BASTARDY, PROCEEDINGS IN — 

justice designated as magistrate. 94 

magistrate to associate with himself another magistrate. 90 

adjournment of examination in. 90 

security to be taken from father on. 90 

determination of case and order of magistrate. 97 

costs in . 98 

father of bastard to pay. 98 

undertaking of father of bastard for appearance at county court.. 98 

discharge of father upon giving. 99 

commitment of father for refusal to give. 99 

commitment of father during examination. 100 

when security is taken out of county. 100 

examination in such case. 100 

magistrate may compel mother to disclose name of father. 100 

may commit mother if she refuse. 101 

order of magistrates compelling mother to support bastard.... 101 

commitment of mother for failure to obey. 101 

magistrates may reduce amount paid for support of bastard.. 102 

property of absconding father or mother may be sold. 102 

appeal from order of magistrates. 102 

undertaking on . 102 

how taken . 103 

papers on, to be transmitted to county court. 103 

hearing of, in county court. 104 

275 























































INDEX. 


BASTARDY, PROCEEDINGS IN (Continued). page. 

order of filiation, affirmed, vacated or modified. 104 

adjournment of hearing on. 104 

order of affirmance. 104 

undertaking on affirmance of order. 105 

undertaking for appearance on, when forfeited. 105 

affirmance on, of order against mother. 105 

costs on, how paid and enforced. 100 

proceedings on vacating order of filiation in.. . 107 

BEDFORD REFORMATORY — 

managers to notify county clerks upon completion of. 226 


BLIND — 

institutions for, powers of state board of charities as to. 179 

not charitable institutions. 179 

New York State school for. 244 

establishment . 244 

admissions to . 244 

preference to soldiers’ children. 245 

trustees, powers of. 245 

persons entitled to privileges. 246 

applications for admission. 246 

object of institution. 246 

treasurer of . 248 

superintendent, appointment of. 248 

clothing for pupils. 248 

relatives to furnish. 248 

accounts against counties for support of, at. 249 

BOARD OF HEALTH — 

duties of, when disease appears in alms-houses. 42 

BOARD OF SUPERVISORS — 

may abolish or revive distinction between town and county poor... 17 
See Supervisors, Board of. 


BOOKS — 

overseers to keep. 13 

what to contain. 13 

to be laid before town board. 13 


to be presented at annual town meeting 
to be delivered by overseer to successor 
proceedings to compel delivery of. 

BURIAL — 

of soldiers, sailors or marines 
lot ... 


138 

139 


C. 


CHARITABLE INSTITUTIONS — 

powers of state board of charities as to. 

visitation of . 

investigations of, conducted by state board of charities 

orders of state board of charities directed to. .>. 

correction of evils in administering. 

deaf and dumb, and the blind, schools for, are not.!., 
visitation of, by State Charities Aid Association......! 

duties of officers of. upon. 

CHARITIES, STATE BOARD OF — 

See State Board of Charities. 

276 


174 

175 

176 
176 
176 

179 

180 
180 











































INDEX, 


CHILDREN — 

.settlement of, as poor persons. 

under sixteen not to be committed to alms-house. 

to be committed to orphan asylums, etc. 

parents absconding from, property of, to be seized. 

commitment of, to institution for juvenile delinquents. 

to any charitable institution. 

of women committed to houses of refuge. 

guardianship of, to charitable institutions. 

record of to be kept. 

CLOTHING — 

new, for patients transferred to state hospitals for the insane 
COMMISSION — 

to inquire into insanity of criminal. 

if criminal found insane, to commit to state hospital. 

expenses, how paid. 

See Commission in Lunacy. 

COMMISSIONERS OF THE STATE BOARD OF CHARITIES — 
See State Board of Charities. 


page. 

07 

79 

79 

20 

215 

213 

223 

27 

81 


116 


120 

120 

120 


COMMITTEE OF INCOMPETENT PERSON — 

appointment of . 119 

who entitled to appointment. 119 

application for, how made. 119 

when incompetent person is confined in institution. 119 

costs on . 121 

by overseers or superintendents of the poor. 121 

COMMITMENT — 

to state charitable institution. 57 

of father of bastard for failure to give undertaking. 99 

during examination . 100 

of mother of bastard for refusal to disclose father. 100 

for failure to support bastard. 101 

of insane criminal... 120 

exonerates bail . 120 

expenses of, how paid. 120 

to Rome State Custodial Asylum. 190 

of children to institutions for juvenile delinquents. 211 

register of, to be kept. 211 

to other institutions. 214 

Penal Code provisions relative to. 215 

of females to houses of refuge for women. 221 

blank forms for. 222 


CONTRACTS — 

of incompetent persons. 119 


CONVICTS, INSANE — 

Matteawan State Hospital, transfer of, to. 118 

disposal of, after expiration of term of imprisonment. 118 

on recovery, to be transferred to prison. 118 

goods made by. 47 


COSTS — 

on appeal, in bastardy cases.. 

of proceedings for commitment of insane. 

on application for appointment of committee of incompetent person 

277 


100 

120 

121 











































INDEX. 


COUNTY COURT — page. 

appeal to, in bastardy cases. 104 

hearing upon . 104 

may affirm or vacate order of filiation. 104 

order on, against mother. 105 

proceedings against mother on affirmance of order. 105 

costs on . 107 

may discharge father or mother of bastard. 107 

COUNTY POOR — 

who are . 37 

payment of accounts for support and relief of. 38 

temporary relief for, how furnished. 38 

support of, by town overseers. 42 

estimate of expense for support of. 44 

proceedings to determine who are. 71 

in counties without alms-house. 72 

COUNTY TREASURER — 

drafts of superintendents of the poor on. 37 

not to be superintendent of the poor. 39 

accounts of, with towns. 42 

superintendent to furnish accounts to. 42 

payment of cost of removal of poor persons to alms-house. 47 

CRAIG COLONY FOR EPILEPTICS — 

establishment and objects. 198 

managers . 198 

powers and duties of. 199 

annual report of. 200 

donations in trust to. 200 

officers, appointment of. 201 

superintendent, qualifications . 201 

duties of . 201 

appointment of officers by..../ . 202 

treasurer, duties of . 203 

admission of patients. 204 

state patients, support of. 205 

apportionment . 200 

private patients, support of. 200 

discharge of patients from. 207 

epileptic insane, to be transferred to state hospital. 207 

notice of opening of. 208 

D. 

DEAF AND DUMB INSTITUTIONS — 

powers of state board of charities as to. 179 

not charitable institution. 179 

pupils for, how selected. 127 

how supported . 253 

clothing for, paid by county. 253 

deaf-mutes under twelve to be sent to. 254 

application of parents for. 254 

expense of support, a county charge. 254 

appointment of pupils to, by superintendent of public instruction . 259 

visitation of, by superintendent of public instruction.. ’ 259 

pupils at, term of instruction. 259 

at Malone . 129 


278 

















































INDEX. 


DECISIONS— PAGE 

of county superintendents in relation to settlements to be entered 

and filed . 73 

appeals from, to county court. 74 

DECREPIT PERSONS — 

institutions for, license of 

admission to . 

discharge of patient. 


DISORDERLY PERSONS — 

conviction of . 1 G 8 

commitment of . 168 

undertaking of, when forfeited. 168 

how prosecuted . 168 

committed, discharge of. 168 

keeper of prison to return list of. 168 

court may order discharge of. 168 

poor officers may bind out. 169 

nature and duration of imprisonment of. 169 

in confinement, may be compelled to work. 169 


235 

235 

235 


DISTRICT ATTORNEY — 

duties of, in investigation of alms-house. 55 

conduct of investigations of charitable institutions by. 177 


EPILEPTICS — 


E. 


designation of . 

superintendents of the poor to furnish to state board of charities 

list of . 

to place in Craig colony for. 

state patients, at Craig colony for. 

private patients, at Craig colony for, support of. 

See Craig Colony for Epileptics. 


45 


204 

204 

205 

206 


ESTIMATES — 

by overseers, of amounts for support of poor. 15 

approval of, by town board. 15 

of expenses at state hospitals for the insane. 154 

of expenses of state charitable institutions. 182 

EXAMINATION — 

of insane persons by medical examiners. Ill 


F. 

FEEBLE-MINDED CHILDREN — 

See Syracuse State Institution for Feeble-Minded Children. 

FEEBLE-MINDED PERSONS — 


institutions for, license of. 235 

admission to . 235 

discharge of patient of. 235 


FEEBLE-MINDED WOMEN — 

g ee State Custodial Asylum for Feeble-Minded Women. 

FOREIGN POOR — 

unlawful removal of into state, penalty for 

279 


78 

































INDEX. 


FORECLOSURE 
of securities 
interest .... 

FUNDS — 

public for poor children 


PAGE. 

21 

21 


. G. 


GRAND ARMY OF THE REPUBLIC — 

to superintend relief to soldiers, sailors and marines. 131 

notice of post of, that it assumes charge of relief. 132 

joint relief committee of. 132 

GUARDIANSHIP — 

of children by charitable institutions. 27 


H. 


HABITUAL DRUNKARD — 

See Incompetent Person; Committee. 


HEADSTONES — 

to be provided for graves of soldiers, sailors and marines. 132 

HOMOEOPATHIC HOSPITALS FOR INSANE — 

patients may be committed to, out of district. 116 

HOSPITALS — 

for indigent persons. 17 

order committing patients to. Ill 

proceedings for commitment to. Ill 

poor and indigent insane to be supported at. . 114 

costs of transfer of patients to state hospitals. 114 

transfer of inmates from, to Matteawan. 121 


HOUSE OF REFUGE FOR JUVENILE DELINQUENTS IN NEW YORK 


CITY — 

Society for Reformation of Juvenile Delinquents to manage. 200 

managers, how elected, etc. 210 

powers and duties of. 210 

report, annual . 210 

superintendent, appointment . 210 

powers and duties of.. 210 

to institute military drill and discipline. 212 

commitment of children to.210-217 

register to be kept. 212 

inmates, discipline and control of. 212 

transfer of, to penitentiary or reformatory. 212 


confinement of delinquents in, under sentence" of United States 

courts . 

effect of alcoholic drinks and narcotics to be taught in.. . 

Penal Code provision relating to commitment to ^ 

HOUSES OF REFUGE FOR WOMEN 

where located . 

managers of, appointment. 

qualifications . 

general powers and duties.... 
oaths of office of. 


219 

219 

219 

220 
220 


280 




































INDEX. 

HOUSES OF REFUGE FOR WOMEN (Continued). page. 

officers, to be appointed by. 220 

superintendent, appointment of. 220 

powers and duties. 221 

oath of office of. 221 

undertaking . 221 

treasurer, undertaking of.i. 221 

commitment of females to. 221 

papers of, to be furnished to magistrates. 222 

females, committed to, age of. 223 

term of sentence. 222 

return of females improperly committed... 223 

disposition of children of women committed. 223 

conveyance of women committed to. 224 

females, detention of. 225 

rearrest of, escaping. 225 

employment of . 225 

discharged, clothing and money to be furnished to. 1 . 220 

HUDSON HOUSE OF REFUGE — 

See Houses of Refuge for Women. 

HUSBAND — 

abandoning wife or children, disorderly person. 168 

arrest of, for abandonment. 108 

HYDROPHOBIA — 

patients sent to Pasteur Institute. 7 

I. 

IDIOTS — 

support of, outside of alms-houses. 41 

See Rome State Custodial Asylum; Syracuse State Institu¬ 
tion for Feeble-minded Children ; Incompetent Persons. 

INCOMPETENT PERSONS — 

committee, appointment of.i. 119 

who entitled to appointment. 119 

application for . 119 

when person is in institution. 119 

notice to be given. 119 

costs on application. 121 

by overseers or superintendents of the poor. 121 

INDIAN CHILDREN — 

Thomas asylum for, established. 227 

transfer of, to. 230 

See Thomas Asylum for Indian Children. 

INDIAN POOR PERSONS — 

who are . 58 

relief of, in county alms-house. 58 

expense, how paid. 58 

contracts for support of, by state board of charities. 59 

approval of accounts for support of. 59 

superintendent of state and alien poor to keep record of. 59 

INDUSTRIAL SCHOOL — 

See State Industrial School. 


281 






































INDEX. 


INSANE — page. 

commission in lunacy to provide for wants of. Ill 

commitment of, to institutions. Ill 

proceedings for . Ill 

petition, contents, who to make. 112 

service of notice. 112 

costs of . 116 

attendant female . 117 

hearing upon, if demanded. 112 

appeal . 112 

poor and indigent, supported at state hospitals. 114 

duties of local officers as to. 116 

to be newly clothed. 117 


See Incompetent Person; Committee; Lunacy, Hospitals for 
Insane, etc. 


INSANE CRIMINALS — 

Matteawan State Hospital for. 118 

transfer of, to hospital. 118 

disposal of, after expiration of term of imprisonment. 118 

on transfer, certificate of conviction to be delivered to superin¬ 
tendent . 121 

commission to inquire into insanity. 120 

commitment of, to state hospital. 120 

detention of, in hospital. 120 

proceedings on becoming sane. 120 

INSANITY — 

proceedings to determine, for commitment. 11 

hearing upon, if demanded. 112 

papers on, to be filed, etc. 112 

appeal in . 112 

INSTITUTION FOR THE INSANE — 

board of claims to fix value of. 115 

lands for, how appraised. 115 


J. 


JUVENILE DELINQUENTS — 

institutions for . 200 

commitment of children to. 211 

register of commitments to be kept. 211 

confinement of, in, under sentence of United States courts_ 213 

to be taught effects of narcotics and alcoholic drinks. 214 

See State Industrial School. 

JUSTICE OF THE PEACE — 

jurisdiction of, in case of bastardy. 95 


LUNACY — 

See Insanity. 


L. 


LUNACY, COMMISSION IN— 

See Commission in Lunacy. 


LUNATICS — 

See Incompetent Persons; Insane; Insanity; Hospitals foes 
the Insane; Commitment, etc. 

282 

































INDEX. 


M. 

MAGISTRATES — page. 

Who are, in bastardy proceedings.,. 9”> 


MANAGERS — 

See Hospitals for the Insane, and the institutions by name. 


MANDAMUS — 

to compel hospitals for the insane to receive patients. 

See Hospitals for the Insane ; Superintendent ; 
Steward; Commission in Lunacy. 



Treasurer; 


MARINES — 

See Soldiers, Sailors and Marines. 


MARRIED WOMEN — 

settlement of . 66 

MATTEAWAN STATE HOSPITAL FOR INSANE CRIMINALS — 

monthly estimates of expenses of. 118 

transfer of convicts to.... 11S 

patients, disposal of, after expiration of term of imprisonment.... 118 

convicts in, on recovery to be transferred to prison. 118 

certificate of conviction to be delivered to superintendent. 118 

transfer from state hospital to. 118 

communications with inmates of. 119 

MINOR — 

sentence of . 217 

separate settlement of, how gained. 66 

guardian for, etc. 28 

MONUMENTS — 

for soldiers . 141 

erection of . 142 

tax for . 143 


N. 

NOTICE — 

of appeal in bastardy cases. 102 

to insane persons, in proceedings for commitment. 112 

of overseer to overseer of other towns to compel support of poor 

person . 68 

of hearing in proceedings to determine settlement. 69 

of appeal from decision of superintendent. 74 

to overseer or superintendent of improper removal of poor person.. 76 
to be given overseer when bastard is chargeable to another town. .. 88 

O. 

OATHS — 

superintendents of the poor may administer. 38 

ORDER — 

of removal of poor person to alms-house. 42 

of supervisor for temporary relief. 43 

for expenditure of more than ten dollars. 411 

of overseers, granting relief in counties having no alms-houses.... 44 

of filiation, in bastardy proceedings. 97 

compelling support of bastard by mother. 101 

283 




























INDEX. 


ORDER (Costinued). page. 

amount in, for support of bastard, may be reduced. 102 

of filiation, county court may affirm, vacate or modify. 104 

of affirmance on appeal in bastardy proceedings. 104 

of filiation, proceedings on vacating. 107 

for support of poor persons by relatives. 163 

contents of, and how varied. 164 

in effect a judgment. 164 

committing insane persons to institutions. Ill 

blanks to be furnished by commission in lunacy. Ill 

of state board of charities. 177 

OVERSEERS OF THE POOR — 

definition . 7 

suits by, commencement of, to be directed by superintendent. 38 

accounts of, to be audited by superintendent. 38 

when authorized to care for county poor. 41 

application to, for relief. 13 

removal of poor person to alms-house. 10 

expense of, to be paid to. 10 

application of, to supervisor for order for temporary relief. 10 

in counties having no alms-houses, no relief by. 12 

order of, granting relief in. 12 

notice to superintendents. 12 

examinations by, into condition of poor. 12 

accounts of, to be settled once in three months. 12 

accounts audited by, to be verified. 12 

powers of, to contract. 13 

books of account to be kept by. 13 

what to contain. 13 

to be laid before town board. 14 

accounts of, to be audited by town board. 14 

to be filed in office of town clerk. 14 

annual reports of. 15 

estimates of amount to be raised for poor. 15 

in cities . 10 

in towns, how elected or appointed. 1 

number of, how determined. 1 

term of office of. 2 

official undertaking of. 2 

not to hold any other town office. 2 

vacancies . 2 

compensations . 2 

actions by . 3 

undertaking of . 3 

to deliver books and papers to successor. 5 

proceedings to compel delivery. 5 

compensation of . G 

hydrophobia patients to be sent to Pasteur Institute by. 7 

to compel overseers of other towns to support their own poor. 46 

to give notice of unlawful removal of poor person. 46 

to notify superintendents in case of bastardy when county chargeable 87 
to provide for support of bastard and mother chargeable to county. . 87 

to support, whether chargeable or not. 87 

moneys received by, for support of bastard, how applied and ac¬ 
counted for . 87 

duties of, when bastard is chargeable to another town. 88 

application of, to supervisor for order to support bastard. 88 

may compromise with father of bastard. 89 

application of, to justice in case of bastardy. 93 

undertakings in bastardy cases to be prosecuted by. 109 


284 

























































INDEX. 


OVERSEERS OF THE POOR (Continued). page. 

to pay money to county treasurer when distinction between town 

and county poor is abolished. 10 

to control town money invested for support of poor. 19 

may inquire into manner of caring for insane. 110 

application for order committing insane. 110 

general duties of ? as to insane. 117 

duties of, as to dangerous insane. 171 

application by, for appointment of committee of incompetent person 121 

to send deaf-mutes to institutions. 254 

to keep register of sex and age. 24 


P. 

PARENTS — 

property of, to be seized when children are deserted. 31 

children returned to. 82 

PASTEUR INSTITUTE — 

hydrophobia patients to be sent to. 7 

PAUPER — 

recovery of money from. 28 

PESTILENCE — 

in alms-house, removal of inmates. 42 

PETITION — 

to commit insane person. 112 

to be filed. 112 

POLICE JUSTICE — 

jurisdiction of, in case of bastardy. 94 


POOR — 

state, non-resident and alien, powers of state board of charities as to 178 

POOR AND INDIGENT INSANE — 

to be supported at state hospitals. 114 

POOR, OVERSEERS OF THE — 

See Overseers of the Poor. 

POOR, SUPERINTENDENTS OF THE— 

See Superintendents of the Poor. 


POOR PERSONS — 

definition . G 

powers of superintendents as to. 37 

superintendent to decide disputes as to settlement of. 38 

removal of, to alms-house. 10 

expense of . 10 

temporary relief before. 10 

to be supported at alms-house. ..... 10 

application of, for temporary relief. 10 

relief of, in counties having no alms-houses. 12 

accounts for relief of, settled and audited. 12 

statement of town board as to. 14 

settlement of, how gained. GG 

not to be removed from town, city or county. 67 

how supported . 69 

overseers of towns, how compelled to support. 46 

removing or enticing, from one city, town or county, how punished. 46 
unlawfully removed, how supported. 46 


285 



































INDEX. 

POOR PERSONS (Continued). page. 

care of. not to be put up at auction. 24 

relatives, may be compelled to support. 2 & 

application for order to compel support by, of. 

order of support by, of. 29 

apportionment of support. 30 

order of support, contents of, and how varied. 30 

PRISONERS — 

employment of . 4< 

R. 

REDEMPTION — 

of real property by poor officers. 32 

how made . 32 

warrant of seizure may be discharged on payment of cost of. . . . 32 

RELATIVES — 

may be compelled to support poor persons.28-161 

application for order to compel support of poor persons by.29-163 

order of support by. 29 

apportionment among, for support of poor* persons. 30 

order of support, contents of, and how varied. 30 

costs of application.. - .. 31 

REMOVAL — 

of poor persons unlawfully, how punished. 46 

when action will lie for unlawful. 46 

unlawful, notice of to overseer or superintendent.*. . . 46 

denial of, by^ superintendent or overseer. 47 

action on account of, when and how brought. 48 

of foreign poor into state, penalty for. 48 

of mother of bastard unlawfully, how punished. 85 

of bastard and mother to county alms-house. 89 

REPEAL — 

of statutes, effect of, by revision of laws. 270 

REPORTS — 

of superintendents of the poor to state board of charities. 25 

of town board to superintendents. 15 

of supervisor, relating to poor. 19 

annual, of state board of charities. 178 

RESIGNATION — 

of town officers. 4 

REVISION — 

effect of, upon laws passed at same session of legislature. 270 

ROME STATE CUSTODIAL ASYLUM — 

for support of unteachable idiots. 195 

managers, appointment . 195 

powers and duties.‘ 195 

superintendent, qualifications . j 9 q 

powers and duties. j 9 ,j 

commitments to . 190 

support of unteachable idiots at./ 196 


286 







































INDEX. 


S. 

SAILORS — page. 

See Soldiers, Sailors and Marines. 

SEIZURE — 

of property of absconding parents. 33 

sale of and application of proceeds. 33 

SECURITIES, ETC — 

supervisor may sue for. 21 

as school funds. 21 

supervisors may loan. 21 

SETTLEMENT OF POOR PERSON — 

superintendent to decide disputes as to. 38 

in counties having no alms-house, notice of overseer to superintend¬ 
ent . 12 

of poor persons, how gained. 66 

separate, how gained by minor. 66 

of married woman. 67 

of children . 67 

lost, how gained.67-83 

not acquired by residence, in alms-house. 68 

proceedings to determine. 69 

hearing before superintendents as to. 70 

of bastard, disputes concerning, how determined. 88 

SHELTER — 

for unprotected girls. 55 

SOLDIERS AND SAILORS’ HOME— 

soldiers, sailors or marines may be sent to. 132 

trustees of . 133 

powers of . 133 

admission to . 133 

transfer of inmates of, to state hospital. 134 

annual report of trustees. 134 

monuments . 141 

SOLDIERS, SAILORS AND MARINES — 

families of, not to be sent to alms-house. 131 

relief to, how granted.. . 131 

may be sent to soldiers’ home. 132 

burial of . . . .. 135 

headstones to be provided for graves of. 136 

deceased, etc.139-160 

STATE ALMS-HOUSE — 

See Alms-house. 

STATE BOARD OF CHARITIES — 

report of superintendent of the poor to. 44 

to notify district attorney of failure of superintendent to make re¬ 
port ... . . 45 

state poor, may contract for support of at alms-houses. 50 

to give notice to county clerks of location of alms-houses. 50 

powers of, relating to support of poor persons. 59 

approval of accounts for support of Indian poor persons. 59 

duties of, relating to poor. 59 

visitation and inspection of alms-houses by. 59 

investigation into affairs of alms-house by. 177 

orders on . 177 


287 










































INDEX. 


STATE BOARD OF CHARITIES (Continued). page. 

to approve plans of alms-houses.... •. 177 

may request legal action by attorney-general and district attorney. 177 

annual report of, what to contain. 178 

how constituted . 172 

officers of . 172 

commissioners of, term of office. 172 

qualifications . 172 

compensation and expenses. 173 

meeting of, effect of non-attendance. 173 

office room, and supplies. 173 

official seal, subpoenas, etc. 173 

general powers and duties. 174 

visitation, inspection and supervision of institution by. 175 

conduct of inspections by. 175 

annual reports, to contain results of investigation. 175 

powers and duties of board upon visits and inspection. 175 

investigations of charitable institutions. 175 

orders of, upon. 175 

correction of evils in administrations of affairs of institutions. 177 

duties of, as to state, non-resident and alien poor. 178 

reports, annual, to legislature. 178 

duties as to institutions for deaf and dumb and the blind. 175 

license of institutions for aged, decrepit and mentally enfeebled... 233 

STATE CHARITIES AID ASSOCIATION — 

visitation of alms-house by. 177 

of institutions for the insane. 178 

visits to institutions by. ISO 

duties of officers of, upon. 180 

annual reports of. 281 

STATE CHARITABLE INSTITUTIONS — 

defined . 172 

visitation of, by state board of charities. 175 

fiscal year of. 182 

estimates, monthly, of expenses. 182 

contingent fund. 182 

monthly statements of receipts and expenditures. 183 

affidavit of steward, upon. 183 

purchases, to be for cash. 184 

officers not to be interested in. 184 

reports of judges, etc., to supervisors, of commitments to. 184 

of officers of institution. 185 

accounts of, against cities, towns and counties. 185 

acquisition of lands by condemnation. 235 

guardianship of children by. 237 

adoption of children from . 240 

commitment to . 57 

STATE CUSTODIAL ASYLUM FOR FEEBLE-MINDED WOMEN — 

establishment of . jqq 

board of managers. I 94 

officers . iqq 

treasurer to give undertaking. 194 

STATE INDUSTRIAL SCHOOL — 

management of . 200 

managers, appointment . 

powers and duties of. 210 

report of . ojq 

superintendent, appointment . 


288 





















































INDEX. 




STATE INDUSTRIAL SCHOOL (Continued). page. 

powers and duties of. 210 

to institute military drill and discipline. 212 

commitment of children to. 211 

register of. to be kept... 211 

inmates, discipline and control of. 211 

transfer of inmates to penitentiary or reformatory. 212 

confinement of delinquents, under sentence of United States courts 21A 

effect of alcoholic drinks and narcotics to be taught in. 214 

Penal Code provision relative to commitment to. 215 

STATE POOR — 

who are . 50 

relief of, in alms-houses. 50 

to be conveyed to state alms-house. 51 

duties of state board of charities as to. 178 

STATEMENTS — 

of expenditures and receipts of state charitable institution to be 

made monthly . 183 

vouchers to be attached to. 184 

STATUTES — 

construction of . 261 

STEWARD — 

of state charitable institutions, affidavit of, attached to statements.. 18D 

SUPERINTENDENTS — 

of Matteawan State Hospital. 

to make monthly estimates. 118 

removal of . 118 

certificate of conviction to be delivered to. 118 

recovery of cost of support of inmates. 11!) 

tenure of office, not affected by Insanity Law. 11!) 

to examine communications of patients. 11!) 

to give notice to judge, etc., of patient becoming sane. 120 

of state charitable institutions, to make monthly estimates of ex¬ 
penses . 182 

of Syracuse State Institution for Feeble-minded Children, duties of 188 
may agree with parents, etc., as to terms of support of pupils.... 192 

of Rome State Custodial Asylum. 196 

powers and duties . 196 

of Craig Colony for Epileptics, qualifications. 200 

duties of . 202 

appointment of officers by. 202 

of institution for juvenile delinquents, appointment. 210 

powers and duties of. 211 

military drill and discipline to be instituted by. 211 

of houses of refuge for women, appointment. 220 

general powers of. 221 

SUPERINTENDENTS OF THE POOR— 

definition . 7 

general powers . 37 

disputes as to settlements of poor persons to be decided by. 38 

may issue subpoenas. 38 

decisions to be filed. 38 

direct commencement of suits by overseers. 38 

drafts on county treasurer by. 38 

audit of accounts by. 38 

accounts of, to board of supervisors. 38 

19 289 













































INDEX. 


SUPERINTENDENT OF THE POOR (Continued). 

may administer oaths and take affidavits. 

election or appointment of. 

term of office of... 

undertaking of . 

may be appointed keeper of alms-house. 

may authorize overseers to care for county poor. 

may provide for support of idiots or lunatics. 

neglect of duty . 

to furnish accounts to county treasurer. 

estimate of, for support of county poor. 

report of, to state board of charities. 

penalty for neglect to render accounts. 

neglect to make a report, penalty for. 

sanction of, for expenditure of more than ten dollars. 

proceedings before, to determine settlement of poor persons. 

support of poor person not charged to county without approval of. 

to determine who are county poor. 

in counties without alms-house. 

decisions of, to be entered and filed.'. 

to give notice of unlawful removal of poor person. 

denial by, of unlawful removal. 

to commence action for support of poor person unlawfully removed. 

to provide for support of bastard and mother. 

to determine disputes concerning settlement of bastards. 

may compromise with father of bastard. 

to apply to magistrate in case of bastardy. 

undertakings in bastardy cases to be prosecuted by. 

to convey state poor to state alms-house. 

expenses of conveyance, how audited. 

redemption of real property by. . . .*.. 

how made . 

powers of, in respect to compelling relative to maintain poor per¬ 
sons . 

application for appointment of committee of incompetent person., 
unteachable idiots may be committed by, to Rome State Custodial 

Asylum . 

epileptics, to furnish list of, to state board of charities. 

to place, in Craig Colony for. 

SUPERINTENDENT OF PUBLIC INSTRUCTION — 

powers of, relating to institutions for the blind, and the deaf and 

dumb . 

appointment of pupils to such institutions. 

SUPERINTENDENT OF STATE AND ALIEN POOR — 

to keep record of names of inmates of state alms-houses. 

to visit and inspect state alms-houses. 

insane inmates of state alms-house to be removed by. 

may bind out or place in asylum state poor children. 

powers and duties of, similar to county superintendents. 

to keep record of Indian poor persons. 

SUPERINTENDENT OF STATE PRISONS — 

monthly estimates of expenses of, to be made to. 

removal of superintendent of, by. 

consent to communicate with patients in. 

SUPERVISOR — 

may accept conveyance of property. 

not to be superintendent of the poor. 

order of, for temporary relief of poor person. 

290 


PAGE. 

39 

34 

34 

36 

41 

41 

41 
46 

42 

43 

44 

45 

45 
10 
69 
71 

71 

72 

73 
73 

73 

74 
86 
88 
90 
93 

109 

51 

51 

32 

32 

46 
121 

196 

204 

204 


259 

259 


52 

52 

52 

53 
59 


118 

118 

119 


26 

34 

45 


















































INDEX. 


SUPERVISOR (Continued). page. 

approval of order of overseer granting relief in counties having 

no alms-houses . 12 

report of, relating to poor. 19 

school money . 20 


SUPERVISORS, BOARD OF — 

accounts of superintendents of the poor to be rendered to. 38 

may determine number of superintendents of the poor. 39 

vacancies in the office of superintendents of the poor to be filled by. 41 

may appoint superintendent keeper of alms-house. 41 

taxes to be levied by. on towns for support of poor. 43 

estimate of superintendents for support of county poor. 43 

rules and regulations as to temporary or out door relief of poor. . . 45 

to cause money to be raised for support of town poor. . .. 14 

cost of maintenance of poor person chargeable to town. 09 

to clothe pupils of state institution for feeble-minded children. 192 

epileptics, to provide for support of at Craig Colony. 204 

to send deaf-mutes to institutions. 254 

expense of, charge against county. 254 

to raise money for clothing of. 254 


SYRACUSE STATE INSTITUTION FOR FEEBLE-MINDED CHILDREN — 


board of managers of. 187 

appointment . 187 

general powers and duties. 187 

meetings and record of. 187 

officers, salaries of. 188 

donations in trust to. 188 

by-laws of . 188 

superintendent, duties of. 188 

treasurer, duties of. 189 

pupils, manner of receiving . 191 

discharge of . 192 

expense of clothing state. 192 

notice for removal of. 193 


T. 

TEMPORARY RELIEF — 

of poor, rules and regulations of board of supervisors as to. 10 

before removal to alms-house. 10 

for poor persons unable to be moved to alms-house. 10 

THOMAS ASYLUM FOR INDIAN CHILDREN — 

establishment of . 227 

board of managers . 227 

powers and duties of. 227 

officers appointed by. 229 

to fix compensation of officers. 229 

superintendent, appointment . 229 

powers and duties . 229 

treasurer, appointment . 230 

powers and duties. 230 

transfer of Indian children to. 230 


TOWN BOARD — 

books of accounts of overseers to be laid before. 

to audit accounts of overseers. 

statements and estimates of overseers to be made to 
statement of, to superintendents as to poor persons, 
appointment of overseers by 


14 

14 

15 
15 
15 


291 
















































INDEX. 


TOWN CLERK — page. 

accounts of overseers to be filed in office of. 14 

TOWN MEETINGS — 

special, how called. 3 

TOWN OFFICERS — 

accounts of, in relation to poor. 15 

action by, to be in name of town.'. 3 

resignation of . 4 

vacancies, how filled. 5 

books and papers to be delivered by, to successors. 5 

proceeding to compel delivery of books and papers. (i 

compensation of . 6 

TOWN POOR — 

who are . 7 

statement of expenses incurred by superintendents for support of. . 42 

apportionment of deficiency for support of, among towns. 42 

estimate of moneys to be raised for support of. 14 

moneys for support of, to be paid to overseer. 14 

special town meeting for raising money for. 3 

overseer to have charge of money invested for. 18 

fund . 20 

TOWN AND COUNTY POOR — 

distinction between, how abolished or revived. 17 

overseers to pay moneys to county treasurer upon abolishing dis¬ 
tinction .-. 18 

TOWNS — 

accounts with, of county treasurer, for support of poor. 42 

apportionment of deficiency among. 43 

tax levy on, for support of poor. 43 

TREASURER — 

of state charitable institution, to make monthly statements. 183 

of Syracuse State Institution for Feeble-minded Children, duties of. 189 

of Craig Colony for Epileptics, appointment. 203 

undertaking of . 203 

duties of . 203 

TRAMP — 

defined . 170 

U. 

UNDERTAKING — 

of superintendents of the poor.;. 30 

of overseers of the poor. 3 

of town officers, form of and liability thereon. 4 

of father of bastard when arrested in another county. 94 

on giving, father to be discharged. 90 

if not given, father to be taken before magistrate. 90 

on adjournment of examination. 97 

to support bastard or for appearance at county court. 98 

what constitutes breach of. 99 

jurisdiction of district courts in New York city.'. 99 

of father of bastard on affirmance by county court. 104 

commitment of, on failure to give. 104 

for appearance on appeal, when forfeited. 105 

in bastardy proceedings, how prosecuted. 109 

evidence and measure of damages in action on. 109 

292 











































INDEX. 


UNDERTAKING (Continued). page. 

of disorderly person upon conviction. 168 

when forfeited ... 168 

how prosecuted . 168 

of committee of incompetent person. 232 

. V. 

VACANCIES — 

in town office, how filled . 5 

VISITATION — 

of alms-houses by state board of charities. 54 

by State Charities Aid Association. 177 

of institutions for the insane by State Charities Aid Association... 128 

of charitable institutions, by state board of charities. 176 

by State Charities Aid Association. 180 

VAGRANT— 

support of . 169 

W. 

WARRANT — 

to arrest father of bastard. 94 

when to be served in another county. 94 

indorsement upon . 94 

of commitment of father of bastard for failure to give undertaking. 99 

of mother of bastard. 101 

to arrest husband abandoning wife or children. 168 

for seizure of property of absconding parents. 32 

how discharged . 32 

WESTERN HOUSE OF REFUGE FOR WOMEN — 

See Houses of Refuge for Women. 

WIFE — 

husband abandoning, punished as disorderly person. 168 

WOMEN — 

houses of refuge for. 219 

commitment of, to. 221 

conveyance of, to. 224 

See Houses of Refuge for Women. 

WOMEN, FEEBLE-MINDED — 

state custodial asylum for. 194 


293 





















































































































































































































































































































































































































































































































































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LIBRARY OF CONGRESS 


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